The Archdiocese of Baltimore filed for Chapter 11 bankruptcy in September 2023. This bankruptcy affects clergy abuse survivors in several ways. First, it sets a bar date for filing these claims. Next, it changes the court that decides these claims and how compensation will work.
If you are a survivor and want to pursue justice based on your experience as a survivor, you should contact a Baltimore clergy sexual abuse lawyer as soon as possible. You only have until May 31, 2024 to file your case.
Effects of the Baltimore Archdiocese Bankruptcy on Clergy Abuse Survivors
No matter where you are in the claims process, the Archdiocese of Baltimore declaring Chapter 11 bankruptcy changes things. Those who have not yet filed must do so immediately and survivors with ongoing cases should expect the process to change.
Cases Will No Longer Go Before a Jury or Be Heard in Civil Court
Generally, sexual abuse lawsuits are heard in civil courts. A judge or jury hears testimony and sees evidence, issuing a verdict and possibly awarding money based on it. However, because of the Archdiocese of Baltimore Chapter 11 bankruptcy filing, these cases will now go before the bankruptcy court.
Bankruptcy courts typically do not examine evidence or hear testimony, including listening to survivors or expert witnesses. (However, in this specific case, survivors are allowed to testify at two different court dates: one has already passed, but the second date is May 20, 2024.)
They also do not issue verdicts in each case. Instead, they generally establish parameters for those who qualify for a recovery and set up a trust to pay claimants. Many factors determine how large this trust may be.
Any Compensation Will Likely Come From a Fund
When a church or institution goes into bankruptcy, the goal is to settle all its debts. This includes the money potentially owed to anyone with a civil case against them. To this end, the bankruptcy judge will likely establish a trust to pay claimants.
This means the money a survivor receives is not necessarily based on the recoverable damages they incurred. Instead, it is a portion of the trust. This could be much less than the payout in a civil clergy sexual abuse case.
There Is a Strict Deadline for Filing a Claim
When an institution files for bankruptcy with outstanding civil litigation, the bankruptcy court usually sets a bar date. This is a strict deadline for filing a case and seeking a payout from the fund. The bar date for survivors to file a clergy sexual abuse claim against the Archdiocese of Baltimore is May 31, 2024.
Missing this deadline means survivors cannot recover money based on the abuse they experienced. This is true despite Maryland lawmakers abolishing the statute of limitations for childhood sex abuse claims last year. This new deadline could prevent some survivors from getting justice if they do not know about it and do not act in time.
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(888) 585-2188
Why Did the Baltimore Archdiocese File for Bankruptcy Amid the Clergy Sexual Abuse Claims?
According to the Archdiocese of Baltimore, the Chapter 11 bankruptcy filing was a direct result of new laws passed to protect survivors’ rights in 2023. The official statement from the Most Reverend William E. Lori blamed the bankruptcy on the elimination of the sexual abuse civil case statute of limitations via the Child Victims Act of 2023.
With the passage of this law, anyone who experienced childhood sexual abuse in the Catholic church or a Catholic organization in Baltimore could file a lawsuit and hold the Archdiocese legally accountable. This law went into effect October 1, 2023. The Archdiocese filed for Chapter 11 bankruptcy just before this date.
Maryland lawmakers passed the Child Victims Act of 2023 partially because of an in-depth investigation into Baltimore clergy abuse released by the Maryland Attorney General’s Office. This report identified a long list of credibly accused clergy members within the Archdiocese of Baltimore. The investigation took more than four years and included interviews with more than 300 survivors.
Can I Still File a Clergy Sexual Abuse Claim Against the Baltimore Archdiocese?
In December 2023, the U.S. Bankruptcy Court, District of Maryland Judge Michelle Harner met with attorneys for the Archdiocese and survivors and agreed to a May 31, 2024, deadline for new plaintiffs to file clergy sexual abuse cases.
After this deadline, the bankruptcy will proceed as usual. This will most likely include establishing a fund for compensating survivors who met the filing deadline and have pending cases. The bankruptcy court will determine the amount of money put into the fund and set parameters for distributing it.
If you survived sexual abuse by a clergy member or other party affiliated with the Catholic church or Archdiocese in or around Baltimore, you still have options until May 31, 2023. Discuss these options with an attorney handling Baltimore clergy sex abuse cases. They offer free, confidential consultations for survivors. You could qualify to hold the Archdiocese responsible if you experienced abuse:
- In a Catholic church
- In a Catholic school or educational program
- While participating in a recreational program sponsored by the Archdioceses
- While interacting with leadership from a Catholic church or school in the community
- When in community activities that featured clergy, nuns, or chaplains from the Archdiocese
Many survivors experienced sexual abuse as children, tweens, or teens. However, those who were adults when the abuse occurred also have rights.
When a Catholic church or institution files for bankruptcy, it affects creditors and those with pending cases for compensation against the organization. If you already have a case in progress, discuss the implications with your Baltimore clergy abuse attorney. If you are still considering filing, contact a lawyer handling these cases about your case today.
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Discuss Your Baltimore Clergy Sexual Abuse Allegations With Our Team Today
Jenner Law is located in Baltimore City. Our lawyers leave here. Our firm provides free consultations for clergy sexual abuse survivors in and around Baltimore, Maryland. A Baltimore clergy sexual abuse attorney will review your case facts, explain your next steps, and answer your questions during a confidential conversation with you.
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