Survivors committee and archdiocese discuss next steps in bankruptcy case

The survivors committee and the Archdiocese of Baltimore continue to work together in the archdiocese’s bankruptcy case toward the goals of compensating as many victims as possible equitably, allowing the archdiocese to continue its ministries and ensuring that policies and procedures are in place to prevent future incidences of child sexual abuse.

Paul Jan Zdunek, chairman of the survivors committee in the case, and Archbishop William E. Lori addressed local media July 8 to provide an update on the process, which began with the archdiocese filing for Chapter 11 bankruptcy protection Sept. 29, 2023. The first meeting between the archbishop and his team with members of the survivors’ committee was in December.

Zdunek said that the committee does not want to release the number of survivor claims until they have been reviewed. The claim filing deadline – known in bankruptcy court as the bar date – was May 31.

“This is more complicated than it may seem because some duplicate and vague claims were filed,” Zdunek said. “We don’t want to report on it until we have a clear picture as we believe it would be irresponsible to do so and would not be helpful to our process moving forward.”

He said if a number of claims was released, that would become a talking point, even if it were later deemed inaccurate. He added that he does not know when the review process will be complete.

The Unsecured Creditors Committee, which Zdunek chairs, includes seven people who were abused within the archdiocese and who represent all those who were abused over the decades. A report released in April 2023 by the Maryland Office of the Attorney General, detailed cases of sexual abuse committed by representatives of the church, for the most part from the 1940s to the early 1990s, as well as the way the archdiocese responded to reports of abuse. The report included information on more than 600 victims of child sexual abuse by 156 people affiliated with the church in that time span. 

At the July news conference, Archbishop Lori said, “We wish to jointly acknowledge the bravery of the many victim-survivors of child sexual abuse who have come forward, many for the first time, during this process.

“It is difficult to talk about these claims in the context of numbers. We know that behind these numbers lie horrible and tragic stories – stories of abuse, stories of misuse of power and stories of how the most innocent were harmed. Our goals in filing for Chapter 11 include compensating those individuals with the aim of helping to provide a possible path toward healing,” the archbishop said.

He said that the bankruptcy case does not end the responsibility of the archdiocese to those who have been harmed. “The scourge of child sexual abuse in the church has had a lasting impact on the lives of many, many individuals who have been targeted for unimaginable abuse. And tragically, this includes the lives of many innocent children whose lives have been severely damaged, severely harmed. Their pain and their suffering is very real.” 

He said he has learned that each time he meets with survivors, which he has done often. Addressing Zdunek, the archbishop expressed a “heartfelt apology to you and the committee and all the survivors.”

Zdunek acknowledged, “No amount of anger or hatred is going to reverse or erase the horrible events of the past. As we move forward, we are using data and reason to guide our discussions and decisions, as we drive toward our shared goals of providing survivors with meaningful compensation, agreeing with policies and protocols that will stop this from ever happening again to another child, and allowing the Catholic Church to continue its mission of serving those in need.”

An important emphasis in the process between the committee and the archdiocese is to have a voice in shaping the policies and procedures that ensure a safe environment for children within the church.

The archbishop noted that the archdiocese has already taken significant steps to address sexual abuse in the church, beginning in the 1980s. 

The church’s response was accelerated after the passage of the Charter for the Protection of Children and Young People by the U.S. bishops in 2002.

Archbishop Lori said that includes training for clergy, employees and volunteers, and background screenings and protocols to ensure safe environments. The number of new incidents reported in more recent decades has diminished greatly, indicating that the policies are having the desired effect. 

“I look forward to engaging with the committee. I am committed to having policies as effective as possible, the archbishop said. 

Zdunek said the next steps in the process include agreeing to a dollar amount for the total compensation pool. This will include the committee engaging in mediation with not only the archdiocese but also others who have a financial stake in the process, such as insurance carriers. 

Determining the number of actual claims is another part of the process. While that is done, he said, the committee is coming up with recommendations about how the funds will be allocated. The money is not equally divided, but done in a range. “You’ve heard some of the stories of the survivors in the last couple of court hearings. … There’s extreme abuse, but look, any abuse is abuse,” he said. Some of the factors that go into determining levels of compensation include severity of the abuse, the length of time over which it occurred and the frequency.

Many of those who have filed claims have requested anonymity, which will be respected.

Based on the committee’s recommendations, a settlement trustee or mediator will determine the amount of compensation for each claimant. In May, the committee and the archdiocese jointly petitioned the court for appointment of two co-mediators with experience in such cases. The court must still approve the request.

The archbishop said that as he has talked to victim-survivors over the years, some have wanted the church to simply go under, but others have maintained their faith. Zdunek said he has heard the same.

“Most of them are focusing on the policies and procedures. The compensation is important, and as the archbishop said, we’ll do what we can to make sure that it’s fair and just. But they want to make sure it doesn’t happen again,” Zdunek said. 

Archbishop Lori said the archdiocese recognizes the survivors’ committee as the only court-sanctioned group representing all the victim-survivors who have filed claims. He said he appreciated the committee asking for an opportunity for survivors to speak about their experiences in court, for which he was present at both sessions in April and May. 

The archbishop called those opportunities historic, noting that such victim-survivor statements are not often seen in bankruptcy proceedings.

The survivors’ statements were off the record and non-evidentiary, according to Judge Michelle M. Harner, who is overseeing the bankruptcy case.

Archbishop Lori said the archdiocese and the committee have met a number of times. “When we first met in December, I think it was very clear that we share a goal of creating an environment, one that’s rooted in mutual trust, one that will enable us to work together constructively and hopefully quickly to come to an agreed upon plan,” he said. “I would say that today’s news conference is a public declaration of our intention to work together on behalf of victim survivors.”

Zdunek said, “While there are others – who we are both thankful for and indebted to – who have helped shape the child protection laws and pushed for the creation and release of the Attorney General’s report last year, the archbishop and the Creditors Committee – and our representative counsel – are the only engaged and informed parties who are discussing all of the claims in an official capacity sanctioned by the court. We intend to work collaboratively and – based on detailed information about the entire case – collectively reach an agreement that is both fair and just.”

He encouraged survivors who are interested in more information to visit the committee’s website at baltimoresurvivors.com.

Email Christopher Gunty at editor@CatholicReview.org

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