In the Diocese of Buffalo federal bankruptcy proceedings, the deadline has now been set for victims of sex abuse to file a claim against the Catholic church in New York.

Earlier this month, Chief Judge Carl L. Bucki of the U.S. Bankruptcy Court in the Western District of New York ruled that the deadline for victims to submit child sex abuse claims within the Diocese of Buffalo bankruptcy proceedings should be Aug. 14, 2021.

The diocese’s lawyers had asked that the bar date be set for Jan. 15, 2021, more than half a year earlier. Victims argued that the date should instead be set for the same day as the new expiration date for the Child Victims Act look back window. This, they said, would allow victims to not be confused by conflicting deadlines on the Child Victims Act and the diocese’s bankruptcy claim deadline. The deadline on the Child Victims Act look back window has already moved around quite a bit since its introduction in 2019, since it has been extended multiple times.

The Child Victims Act also extended the statute of limitations for child victims age 55 in civil cases instead of the previous age limit of 23. In criminal cases, they can seek prosecution until age 28.

By matching the bankruptcy claim bar date with the Child Victims Act look back window deadline, “we terminate no rights that a plaintiff could otherwise have asserted outside of bankruptcy,” Bucki said.

The Diocese of Buffalo had requested that the bankruptcy proceedings be pushed into mediated settlement talks, but Judge Bucki ruled against this request. In his written ruling, Bucki stated that moving to mediated settlement talks among the diocese, its insurers, and its creditors would be premature. The diocese does not yet know the full extent of the abuse claims against it, and also has not fully investigated and documented the insurance policies that were in place that might provide coverage on such claims.

Previously, the diocese had sued eight insurance carriers, and Bucki’s ruling will allow that litigation to move forward. Bucki said he intended to “advance essential exchanges of information” by ordering for the discovery to proceed. Bucki also warned both parties that “now is not the time to procrastinate in working for a just and fair resolution of rights.”

How Much Has the Doicese of Buffalo Already Paid to Victims?

The Diocese of Buffalo, like many Catholic dioceses in the wake of ongoing child sex abuse claims, filed for Chapter 11 bankruptcy protection, stating that its “primary aim” in filing is to resolve the largest number of Child Victims Acts claims. At the time of the filing, a victim’s compensation fund had already paid out more than $17.5 million.

So far, nearly 400 lawsuits have been filed against the diocese and other Catholic entities in Western New York, such as parishes and schools, under the Child Victims Act. Attorneys for the Diocese of Buffalo have said that they expect to see at least that many claims submitted to the bankruptcy court.

Filing a Child Sexual Abuse Lawsuit

Survivors of childhood sexual abuse within the Catholic church in New York may be able to file a lawsuit. Of course, litigation cannot take away the pain, suffering, and trauma caused by child sex abuse, but it can at least help to provide some monetary compensation, as well as hold those responsible for your suffering accountable for their actions and inactions.

Filing a lawsuit can be a daunting prospect, especially over something as traumatic as childhood sexual abuse, so Top Class Actions has laid the groundwork for you by connecting you with an experienced attorney. Consulting an attorney can help you determine if you have a claim, navigate the complexities of litigation, and maximize your potential compensation.

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