Recently, the Survivor Committee argued to Judge Harner that the Church should either be told it has a legal responsibility to pay Survivor claims or be forced out of bankruptcy.

When the Archdiocese first filed for bankruptcy, the Archbishop said that a main purpose of its bankruptcy filing was to help the Archdiocese take responsibility for Survivor claims. But now, after two years, the Archdiocese is asking the bankruptcy court to rule that it has a complete legal defense to all Survivor claims. During a recent hearing, the Committee made it clear to Judge Harner that this change of positions by the Archdiocese should not be allowed.

The Archdiocese has said that, even if it can use the charitable immunity defense, it intends to pay something to Survivors voluntarily (even though it would not have the responsibility to do so). The Archdiocese recently filed a proposed settlement with the bankruptcy court that would provide an average payment of approximately $36,000 to each Survivor. The Committee told Judge Harner that it would not support a settlement that is so obviously unacceptable for 900+ Survivors, whose lives have been devastated because the Church failed to protect them when they were young. The Committee argued that the Archdiocese must be held legally responsible for Survivor claims and treated like any other debtor in bankruptcy.

Ultimately, the Committee argued that, if the Archdiocese can rid itself of all responsibility for paying Survivor claims through the defense of charitable immunity, it should not be allowed to stay in bankruptcy. Pushing the Archdiocese out of bankruptcy would allow Survivors to resume their cases individually in State court, where a full account of the abuse they endured could become public. Ending the bankruptcy would also allow many more Survivor claimants to come forward. 

The Survivor Committee will continue to fight for Survivor rights in the Archdiocese’s bankruptcy, and its goal has not changed:  to secure a financial settlement that is truly fair and that also ensures the safety of children in the future.