Laura Pennington  |  March 18, 2020

Category: Legal News

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Catholic Church sex abuse scandalThe wave of Catholic Church priest sex abuse has caught up with the Buffalo, NY diocese as the organization has indicated they will file bankruptcy in pending lawsuits. Over 250 lawsuits have already been filed in relation to claims of sexual abuse by clergy.

All over the country, lawsuits have been filed by victims of Catholic Church priest sex abuse who were harmed many years before, some of them decades in the past. The Chapter 11 bankruptcy filing means that some of those who have filed suits already might struggle to push forward with their legal claims.

This is because the diocese, according to some, keeps secret archive files about cases of abuse and claims from past people. Within a bankruptcy settlement, however, those who claim abuse might be able to get those files released, as this has happened with other lawsuits.

Will Survivors Still Be Heard?

Survivors of Catholic Church priest sex abuse will have their case heard in bankruptcy court, which could increase the possibility for those victims to recover compensation.

The diocese claims that with the currently-filed lawsuits they are facing between $50 million and $100 million in full liability. The organization states in their bankruptcy filing that over $3 million is owed to a total of 20 creditors and 19 of them are people who claim they are victims of sexual abuse by clergy members.

After the bankruptcy case was filed, the trustee responsible for managing it appointed seven abuse victims to the creditors committee. In total, 20 different people were interviewed for the seven positions on the creditors committee.

This is a key action step since the committee must determine to what extent the diocese has to provide documentation and information so that victims can feel validated in the process. The committee must review all the liabilities, operations, and assets in addition to evaluating the claims made against the organization. Finally, this committee will help to negotiate a settlement.

What Has the Child Victims Act Done to Help Survivors?

Victims were able to file their Catholic Church clergy sexual abuse cases largely because of the Child Victims Act  when the law opened the window last August. This meant that during this one year period expiring later this year that victims can sue even if their sexual abuse happened decades ago and is no longer covered by the civil suit statutes of limitation.

The same diocese was featured in a recent case when a state judge determined that the organization has to turn over secret files involving two priests who engaged in alleged abuse. Most of the victims, however, will still not be able to see those files. The files were released in one lawsuit involving claims of abuse against the named priests but were heavily redacted.

In similar cases, it has been important for victims who claim that the organization knew about instances of abuse and instead kept it concealed rather than taking action over the abuser’s behavior. Multiple diocese locations have been accused of keeping these instances secret at the expense of victims, many of whom were children when they suffered at the hands of clergy.

If you or someone you know was involved in Catholic Church priest sex abuse, consider speaking with an attorney.

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This article is not legal advice. It is presented
for informational purposes only.

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