He Sued Over a Priests Abuse. Then the Diocese Filed for Bankruptcy. – The New York Times

When divvying up the settlement fund, various types of abuse are compared. Someone who had been penetrated would usually expect to receive more than someone who had been groped. The victims age at the time matters, along with the duration and frequency of the abuse and the overall effects on the person.

Rochesters parishes are separately incorporated and should not be affected by the bankruptcy filing, according to a statement on its website. Employees and retiree benefits will continue to be paid, and donations, if made as a restricted gift, cannot be used to settle claims.

When dioceses have filed for bankruptcy in other states, they have been able to pay claims through insurers, reserves and the sale of nonsecular property, such as a chancery building or a mall, said Michael T. Pfau, a lawyer whose firm has represented child sexual abuse victims across the nation.

It is not going to mean that there will be a wholesale sell-off of churches, hospitals and schools, he said. It has never happened and its not going to happen in Rochester.

Bishop Matano has framed the filing as the fairest course of action to address a growing pool of victims, suggesting that otherwise there would be a race to the courtroom and the first round of plaintiffs would take all of the available funds.

That is a grossly oversimplified talking point, Mr. Pfau said. Catholic dioceses and religious orders all over the country have resolved claims without filing for bankruptcy and they have done that through good faith negotiations with abuse survivors and their plaintiffs counsel.

The Buffalo diocese has been contemplating bankruptcy, but it is a less likely path for major districts like the Archdiocese of New York, which includes Manhattan, the Bronx, Staten Island and seven counties. In anticipation of the Child Victims Act, the archdiocese sued its insurers to compel them to cover claims, a case that is still pending.

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He Sued Over a Priests Abuse. Then the Diocese Filed for Bankruptcy. - The New York Times