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Kevin Fulton
2 years ago
PARKER WAICHMAN LLP APPLAUDS THE EXTENSION OF THE DEADLINE FOR SUBMISSION OF ADULT SEX ABUSE CLAIMS In Re The Roman Catholic Diocese of Rockville Centre, New York United States Bankruptcy Court for the Southern District of New York the Honorable Judge Martin Glenn Case No. 20-12345. On August 4, 2022, Judge Martin Glenn of the […]
Extension of the deadline for abuse claims
On August 4, 2022, Judge Martin Glenn of the United States Bankruptcy Court for the Southern District of New York said he would set a new bar date for adult sex abuse claimants in the chapter 11 bankruptcy case of the Roman Catholic Diocese of Rockville Centre. The deadline for filing claims had expired in 2021. A new window will allow additional filings for adult sex abuse claims in 2022.
The Rockville Centre Diocese, which represents New York’s Nassau and Suffolk counties, filed its petition seeking relief under Chapter 11 on October 1, 2020. At the time, the diocese faced 223 suits by alleged victims of child sex abuse under New York’s Child Victims Act. Those claimants became creditors in the bankruptcy proceeding. Though mediation has continued in that proceeding, no agreement had been reached and no compensation plan has been filed to date.
On May 24, 2022, New York Governor Kathy Hochul signed New York’s Adult Survivors Act (ASA), which gives survivors of adult sexual abuse (over age 18 when the offense occurred) a year to file their claims, regardless of when the offense occurred. The one-year window opens on November 24, 2022.
Under the New York law, claims may be brought against institutions or employers for abuse that occurred at work or was associated with employment. Dioceses have claimed that a bankruptcy filing blocks new claims – but many more victims have come forward since the passage of the Adult Survivors Act, including at least 700 claims filed against the Rockville Centre Diocese in bankruptcy court.
Judge Glenn agreed with the diocese and the future claims representative that a new bar date for the adult claims was consistent with the rationale behind the New York law. He also noted that claimants would receive relief more quickly with a Chapter 11 claim than with a state court claim.
Judge Glenn has not yet specified the bar date for the adult claims. He has called on the diocese to define a notice process and indicated that he will base the claim deadline on time to publish notice.
Jerrold Parker, Founding Partner of Parker Waichman LLP, explains that adequate time is essential to these victims: “Survivors of sexual abuse often do not tell their story immediately. New York has recognized this reality and offered victims the time they need, to understand their trauma and come forward when they are ready. We applaud Judge Glenn for recognizing that New York gives victims the time they need to hold their abusers held accountable. We urge him not to reduce the time the state has granted to this vulnerable population.”
If you or a loved one have been sexually abused in New York, you or your loved one could be entitled to receive substantial monetary compensation from the individual or institution responsible for the sexual abuse.
Parker Waichman LLP helps those who have suffered sexual abuse receive full monetary compensation. Trust your case with our sex abuse lawsuit lawyers. For a free consultation, contact our law firm today by using our live chat or calling 1-800-YOUR-LAWYER (1-800-968-7529).