Milwaukee Archdiocese Files For Bankruptcy - How Will This Effect Child Sex Victims?
The Roman Catholic Archdiocese of Milwaukee filed for bankruptcy, another in a growing number of dioceses struggling to compensate victims of child molesting priests. Milwaukee is believed to have 24 victims who are seeking money from the church, all claiming that they were children when abused by members of the clergy.
In December the church attempted to settle with the group but talks broke down over money. The church attempted to settle all the claims for $4.6 million or slightly less than $200,000 per victim. Attorneys representing the victims rejected the offer. The victims, however, say that the offer was rejected because the church still refuses to turn over all documents regarding abuse by priests.
Now that the archdiocese has filed bankruptcy, the courts will have to determine how much each victim will receive.
Some victims' groups, including the Survivors Network of those Abused by Priests, claim the goal of the bankruptcy is to protect church secrets, not church assets. Archbishop Jerome Listecki claims bankruptcy is necessary to insure the church can continue its essential ministries while compensating the victims.
Milwaukee is the eight Roman Catholic diocese in the United States to seek bankruptcy protection. It joins Tucson; Spokane; Wilmington, Delaware; San Diego; Portland, Oregon; Davenport, Iowa and Fairbanks, Alaska . All have filed after being unable to pay mounting claims from people who were abused as children by priests.
What does the bankruptcy filing mean for people who were abused in the Milwaukee area? Plenty!
Although the Wisconsin Legislature provided victims long time periods in which to bring a claim, the bankruptcy court is likely to fix a relatively short date to bring claims. If you are a victim of sexual abuse or sexual assault by a priest, contact a lawyer immediately. Wait too long and you might not get paid.
Courts have had mixed responses to the bankruptcy filings in other states. For the most part, funds held by the Catholic church ar legally protected and can not be reached by creditors. At least one bankruptcy judge, however, has determined that parishioner collections can be used to settle claims. Individual churches are usually incorporated and thus building and school funds for those individual parishes are probably safe.
It is still too early to determine how the Catholic church will fare in bankruptcy court and if other dioceses will ultimately have to file for protection.
About the Author
Brian Mahany is a lawyer at Mahany & Ertl, a national law firm assisting victims of sexual abuse and sexual abuse. Brian is a former prosecutor, director of the Family Violence Project and volunteer at the Sexual Assault Support and Crisis Center. He can be reached through his lawfirm at http://www.wisconsindiscriminationlawyer.com or www.mahanyertl.com
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