SF Archdiocese sex abuse claim deadline set By Elizabeth Hardin-Burrola Gallup Independent correspondent religion@gallupindependent.com March 15, 2019 ALBUQUERQUE — Individuals who have a sexual abuse or misconduct claim against the Archdiocese of Santa Fe must file that claim by June 17. U.S. Bankruptcy Court Judge David T. Thuma approved the “bar date” claim deadline in an order issued March 8, as part of the archdiocese’s Chapter 11 bankruptcy case. Notices about how sexual abuse claimants can file claims will now be published in newspapers across the state and region during the next 90 days. Thuma held a court hearing March 7, addressing an objection filed by a clergy sex abuse survivor who wrote a letter to the judge, voicing opposition to the June bar date deadline. “I have been waiting for years to get closure to my case with the SF Archdiocese and the courts,” wrote the letter writer, who identified himself as “John Doe.” “My case was getting ready to go to mediation when the Archdiocese filed for Bankruptcy, putting a halt to my legal process.” According to the abuse survivor, when attorneys for the Archdiocese of Santa Fe filed the Chapter 11 petition, they said the bar date deadline would be in April or May. Doe told Thuma the June date was “just another way for the Archdiocese to stall and delay the process” to bring closure to all abuse victims. “Judge Thuma, please don’t let the same thing happen with the Santa Fe Archdiocese that happened with the Gallup Bankruptcy taking three years,” the abuse survivor wrote. During the court hearing, however, Thuma approved the June bar date and overruled Doe’s objection. “I understand what he’s saying, but you don’t want to make it too quick or people don’t get notice and they don’t file claims," Thuma explained. “Finality is one thing, but you don’t want to bar people from trying to participate in whatever recovery there’s going to be.” Optimistic view The Diocese of Gallup’s often contentious bankruptcy case was also mentioned during the recent court hearing. As attorneys for both the archdiocese and abuse claimants discussed their search for a mediator, Thuma, who also oversaw the Gallup bankruptcy, asked how many mediation sessions it took for all the parties to hammer out a plan of reorganization. “I’ll say this, Your Honor, the dynamic is different in this case, so I think we’ll be able to select a mediator and move forward a little bit more efficiently than in that case,” replied Ilan D. Scharf, an attorney for the Official Committee of Unsecured Creditors, which represents clergy sex abuse claimants. Earlier in the hearing, Thomas D. Walker, a bankruptcy attorney for the Santa Fe Archdiocese, told Thuma that during the next phase of the case, attorneys will be working toward a “successful negotiation” and a “consensual Chapter 11 plan” without too much delay. “That’s the optimistic view,” Walker said, “and we’re going to keep it as long as we can.” Thuma’s bar date order comes just over three months after the Archdiocese of Santa Fe filed its Chapter 11 petition Dec. 3, 2018. The order provides a 90 day period for sexual abuse claimants to file their claims. In contrast, it took the Diocese of Gallup five months to get to this point, and abuse claimants had a longer period of time – 120 days – to file their claims. Broader response The contrast between the Archdiocese of Santa Fe’s proof of claim form that abuse survivors will fill out and file with the court is also noticeably different from the Diocese of Gallup’s claim form. The archdiocese’s form is longer by two pages, it contains more explanatory information for claimants and it invites a broader response by a potentially larger group of abuse claimants. Unlike the Diocese of Gallup’s claim form, the archdiocese’s form includes a paragraph devoted to defining what constitutes an abuse claim. In addition to including sexual abuse or molestation of a child, the archdiocese’s definition also includes a number of other offenses such as “sexual conduct or misconduct,” “indecent assault and/or battery,” “rape,” “sexually- related physical, psychological or emotional harm,” “contacts, or interactions of a sexual nature between… a nonconsenting adult and another adult,” as well as “sexual psychological or emotional abuse, humiliation, or intimidation, or any other sexual misconduct.” The Archdiocese of Santa Fe is also allowing the representative of an incapacitated claimant or the executor of the estate of a deceased claimant to file a proof of claim. The archdiocese’s form also accommodates claimants incarcerated in a jail or prison. The Diocese of Gallup’s proof of claim did not include these provisions. As in the Gallup bankruptcy, anyone who has already received a settlement from the Archdiocese of Santa Fe and has been paid in full should not file a claim. Any clergy sex abuse survivor who fails to file by the bar date deadline of June 17, jeopardizes being recognized as a creditor in the case and receiving any financial settlement. The penalty for filing a fraudulent claim is a fine up to $500,000 or imprisonment for up to 5 years. For more information on how to obtain and file a proof of claim, visit the Archdiocese of Santa Fe’s website at https://archdiosf.org/, call the archdiocese’s hotline at 505-831-8144 or call the Official Committee of Unsecured Creditors at 888-570-6271.

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