My UNLV colleague, Nancy Rapoport, sent me In re: The Roman Catholic Bishop of Sacramento, a decision written by Bankruptcy Judge Christopher Klein, who sits in the Eastern District of California. It is a smart decision. It is beautifully written. This judge allows abuse survivors to speak in the bankruptcy court even though the insurers said allowing the survivors’ comments would be illegal.
I regularly tell Professor Rapoport that churches use bankruptcy to avoid their liability to survivors of sexual abuse. Bankruptcy stalls their abuse lawsuits. It drags out the proceedings, perhaps making survivors less willing to keep filing their lawsuits. Some of the survivors are old enough to get sick and die. Can the church outlast the survivors of abuse? Sometimes I think yes, especially due to bankruptcy law.
Fortunately, this time Professor Rapoport and Judge Klein showed me bankruptcy courts will listen to abuse victims and hear their…
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