The committee representing victims of abuse in the Roman Catholic Archdiocese of Baltimore‘s ongoing bankruptcy case wants to schedule a third round of victim testimony, but is facing pushback from one of the archdiocese’s insurance companies.
The Committee of Unsecured Creditors in April asked to schedule a two-hour hearing at which victims could tell their stories, just as they did in April and May of last year. The statements were not transcribed for the record and were not considered evidence.
“These proceedings likely represent the sole opportunity for Baltimore Survivors to pursue recognition and accountability for their suffering and isolation,” the committee argued, adding that “for many Survivors, the opportunity to be heard is equally, if not more, important than any monetary compensation they may ultimately receive.”
“The Committee believes that pursuing this opportunity again would communicate clearly to Survivor claimants that their voices are valued, that their suffering was (and remains) real, and that their histories will no longer be silenced or overlooked in deference to transactional or institutional priorities,” the request stated.
The committee wrote that the “sole purpose” of such a hearing is to “increase engagement and understanding,” but also that it would “improve the likelihood of achieving a timely and fair global settlement that incorporates enhanced protocols for child protection within the Archdiocese moving forward.”
The committee’s local lawyers include Alan Grochal and Richard Costella of Tydings & Rosenberg. A team from Stinson also represents the committee.
Century Indemnity Company, an insurer, on June 30 objected to that request, saying it seeks to influence the judge as the fact-finder in the case. The company argued victims have had many opportunities to be heard and that bankruptcy court is not the proper forum at this time.
“Victim statements are a creature of criminal procedure, where they are given only after the adjudication of guilt and during or after the penalty phase of a criminal case,” the opposition begins.
The committee cites a bankruptcy court opinion from 2021 in which victim statements were allowed only after the company’s reorganization plan was finalized.
It also cited a 2024 ruling from the New Orleans Archdiocese’s bankruptcy case, in which the judge rejected a request for victim testimony because she worried it was an attempt to influence her as the fact-finder.
Century asked that if the request is granted, that a different judge preside over the hearing at which victims offer statements. The company is represented by David Roberts and Tancred Schiavoni of O’Melveny & Myers.
“No one is seeking to silence a claimant from being heard,” Century argued. “The issue here is when and how.”
A hearing on the dispute is scheduled for Aug. 4.
The archdiocese filed for Chapter 11 bankruptcy in September 2023, days before the Maryland Child Victims Act took effect.
The law ended the statute of limitations for abuse victims to sue the institutions that enabled abusers. About 1,000 people have filed claims in the bankruptcy case.
Meanwhile, a trial has been scheduled to resolve the impasse over the archdiocese’s invocation of the charitable immunity doctrine, which holds that donors expect their money to further a charitable organization’s mission, rather than to resolve lawsuits.
The church argues victims should only be paid with money from insurers, not from its own accounts.
According to Jonathan Schochor, a Baltimore lawyer who represents victims and is a member of the Committee of Unsecured Creditors, a trial on the impasse is scheduled for December.