The Archdiocese of Portland was the first to do it. Three months later the Roman Catholic Diocese in Tucson, Ariz., followed suit and three months after that the diocese in Spokane, Wash., did it, too. They all filed for bankruptcy and since then more than 15 other Catholic dioceses and religious orders have filed for bankruptcy to seek protection from lawsuits by sexual-assault victims, resulting in about 4,000 claims seeking compensation for past wrongdoing, the Wall Street Journal reported. This year, three more Catholic dioceses announced intentions to file. Now the legal strategy is being adopted beyond religious groups. This month, USA Gymnastics filed for bankruptcy protection and the Boy Scouts of America hired bankruptcy lawyers to explore the option. Both groups are grappling with the legal and financial fallout of sexual-abuse claims. “There is an expectation in the restructuring community that we will see more of these types of chapter 11 filings,” said Adam Paul, a lawyer with Kirkland & Ellis LLP who specializes in mass tort bankruptcies. Pioneered by the Catholic Church, the legal strategy uses the law that protects companies from creditors to help preserve its mission and shield assets from claims made by victims of sexual abuse. Filing for chapter 11 freezes lawsuits and provides breathing room to work out a plan to compensate abuse victims. Victims get a collective voice and a guaranteed seat at the negotiating table, and at the end of a bankruptcy a diocese gets a fresh start, free from liabilities tied to past abuse. A federal judge oversees the proceeding and must sign off on the final payment plan.
