BishopAccountability.org

Church wants 80-plus clergy sex abuse cases moved from local to federal court

By Haidee V. Eugenio
Pacific Daily News
April 15, 2019

https://www.guampdn.com/story/news/local/2019/04/15/archdiocese-wants-80-plus-clergy-sex-abuse-cases-moved-federal-court/3469245002/

The Dulce Nombre de Maria Cathedral Basilica in Hagåtña as seen on March 27, 2019 from one of the windows of the Guam Congress Building's session hall.
Photo by Haidee Eugenio

[with video]

The Archdiocese of Agana seeks the transfer of more than 80 clergy sex abuse cases from local court to federal court which it says has jurisdiction over the archdiocese's reorganization bankruptcy filing.

Attorneys for the archdiocese filed notices of removal over the last few days, citing a provision in the U.S. Code that authorizes the removal of claims or causes of action in a civil action that are "related to" bankruptcy cases.

The archdiocese filed for Chapter 11 bankruptcy on Jan. 16 to help settle clergy sex abuse cases and compensate the plaintiffs.

The church made the move "without waiving or relinquishing any affirmative defenses it may have."

More than 200 Guam clergy sex abuse cases have been filed since 2016, and most of them have been filed in the U.S. District Court of Guam by plaintiffs represented by Attorney David Lujan or his law firm.

Other law firms representing clergy abuse plaintiffs have filed their cases in the Superior Court of Guam. These law firms said on Monday that they are reviewing the archdiocese's court filings.

"An action is 'related to' a bankruptcy case where its outcome 'could conceivably have an effect on the estate being administered in bankruptcy," archdiocese attorneys John Terlaje, Ford Elsaesser and Bruce Anderson said in at least 82 filings with the federal court from April 12 to 15.

The church attorneys said this grant of jurisdiction is intentionally broad so that the bankruptcy courts might deal efficiently and expeditiously with all matters connected with the bankruptcy estate.

"It is self-evident that an attempt to recover money from (the Archdiocese of Agana) could conceivably have an effect on the debtor's estate. Accordingly, the District Court has original but not exclusive jurisdiction over the removed action," church attorneys told the court.

Under the Bankruptcy Code

Under the Bankruptcy Code, according to archdiocese attorneys, the cases may be removed to the District Court within 90 days of the order for relief, which in this case would be April 16, 2019.

"Accordingly, (the Archdiocese of Agana) has timely removed the Removed Action to the District Court," the church attorneys said.

The archdiocese attorneys also ask the federal court that these cases be docketed within the District Court for further proceedings.




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