Religious Liberty, the Resurrection of the Dead, and $57 Million … an Interview with SNAP about Catholic Bankruptcy Case FRIDAY, August 9, 2013

God Discussion
August 7, 2013

http://www.goddiscussion.net/2013/08/07/religious-liberty-bankruptcy-friday-august-9-2013/




When a federal judge ruled on July 29 that the Roman Catholic Archdiocese of Milwaukee’s free expression of religion and religious liberty would be violated if it was required to tap into its trust for the perpetual care of cemeteries — valued at over $50 million – to pay creditors who are mostly victims of abuse, many observers were shocked.  Joining us Friday, August 9 to talk about the case are Peter Isely, Founding Member and Midwest Director of SNAP (Survivors Network of those Abused by Priests) and Judy Jones, Midwest Associate Director of SNAP (bios follow).

This is a very important case that may play a role in future bankruptcy protection filings by religious institutions, particularly since the creditor victims allege that $57 million was moved on purpose to a cemetery trust to avoid compensating them.  Here’s a timeline:

• The New York Times reported that in 2007, Cardinal Timothy F. Dolan, then the archbishop of the Roman Catholic Archdiocese of Milwaukee, requested permission from the Vatican to move nearly $57 million into a cemetery trust fund to protect the assets from victims of clergy sexual abuse who were demanding compensation.
• In January 2011, the archdiocese filed for bankruptcy protection. Archbishop Jerome Listecki said, “As a result of the horrific actions of a few, there are financial claims pending against the archdiocese that exceed our means.”
• Bankruptcy Judge Susan V. Kelley ruled the archdiocese could not use First Amendment protections to stop the Court from examining the possibly fraudulent creation of a $57 million “cemetery trust” by former Archbishop Timothy Dolan, who is now Cardinal of New York.
• Milwaukee Federal Judge Rudolph T. Randa ruled on July 29 that Catholic “canon law” concerning the perpetual care of cemeteries for the eventual “resurrection of the body” are a sufficient basis to shield religious organizations from US civil law.
• The Milwaukee Archdiocese issued a statement following the ruling: “An important decision on the separation of church and state was issued today by United States District Court Judge Rudolph Randa. Randa ruled that the decades old practice of putting a portion of the money received from cemetery lot and mausoleum sales into trust for the perpetual care of those cemetery sites could not be undone for the benefit of claimants in bankruptcy proceedings.”
• The Milwaukee Journal Sentinel reported on August 3 that “Lawyers representing the archdiocese’s creditors — primarily sex abuse victims — filed a motion asking U.S. Bankruptcy Judge Susan V. Kelley to compel the release of any records showing whether Randa and his wife, Melinda, have purchased any plots or crypts in one of the archdiocese’s cemeteries, or whether they have any interest as heirs or beneficiaries of several relatives known to be buried in them.”

• The New York Times reported that in 2007, Cardinal Timothy F. Dolan, then the archbishop of the Roman Catholic Archdiocese of Milwaukee, requested permission from the Vatican to move nearly $57 million into a cemetery trust fund to protect the assets from victims of clergy sexual abuse who were demanding compensation.
• In January 2011, the archdiocese filed for bankruptcy protection. Archbishop Jerome Listecki said, “As a result of the horrific actions of a few, there are financial claims pending against the archdiocese that exceed our means.”
• Bankruptcy Judge Susan V. Kelley ruled the archdiocese could not use First Amendment protections to stop the Court from examining the possibly fraudulent creation of a $57 million “cemetery trust” by former Archbishop Timothy Dolan, who is now Cardinal of New York.
• Milwaukee Federal Judge Rudolph T. Randa ruled on July 29 that Catholic “canon law” concerning the perpetual care of cemeteries for the eventual “resurrection of the body” are a sufficient basis to shield religious organizations from US civil law.
• The Milwaukee Archdiocese issued a statement following the ruling: “An important decision on the separation of church and state was issued today by United States District Court Judge Rudolph Randa. Randa ruled that the decades old practice of putting a portion of the money received from cemetery lot and mausoleum sales into trust for the perpetual care of those cemetery sites could not be undone for the benefit of claimants in bankruptcy proceedings.”
• The Milwaukee Journal Sentinel reported on August 3 that “Lawyers representing the archdiocese’s creditors — primarily sex abuse victims — filed a motion asking U.S. Bankruptcy Judge Susan V. Kelley to compel the release of any records showing whether Randa and his wife, Melinda, have purchased any plots or crypts in one of the archdiocese’s cemeteries, or whether they have any interest as heirs or beneficiaries of several relatives known to be buried in them.”