The Roman Catholic Archbishop of San Francisco

Disclosure Motion

For the first time ever, over the objections of the Debtor, the Judge in a Diocesan bankruptcy has mandated the disclosure of meeting minutes prepared by the Debtor’s Independent Review Board (the “IRB Minutes”) and anonymous claims data (the “Claims Data”) aggregated from proofs of claim submitted by Survivors of childhood sexual abuse (“Survivors). The case is In re THE ROMAN CATHOLIC ARCHBISHOP OF SAN FRANCISCO and the committee is represented by law firm Pachulski Stang Ziehl & Jones (“PSZJ”).

Judge Dennis Montali soundly rejected arguments that there was no bankruptcy purpose for the disclosure motion. Focusing on the bankruptcy court’s unique role and the importance of nonmonetary commitments to Survivors, Judge Montali noted that there are “hundreds of claims alleging clergy abuse, all of which have been yanked out of traditional state courts and have been thrust into this bankruptcy court, at the Archbishop’s behest.” He further reasoned that a consensual plan is only possible when all parties feel that the process is fair and, in this case, disclosure may assist mediation efforts.

“The Motion serves a clear bankruptcy purpose, and an argument that no such purpose exists, from the very Debtor who brought these claims and discovery into this court, is not credible and is rejected,” Judge Montali added.

“Judge Montali’s decision represents an important victory not just for the Archdiocese of San Francisco Survivors but for all Survivors and Catholic communities around the world,” said Margie O’Driscoll, co-chair of the Survivors’ committee. “This decision sets a precedent for all Dioceses to be held accountable for protecting children today and tomorrow and to provide transparency for the children they did not protect in the past.”

“Public scrutiny and learning from the past are vital for the safety of children,” said PSZJ attorney Brittany Michael, counsel for the committee. “Judge Montali’s decision recognizes that dioceses cannot use bankruptcy to escape disclosure,” she added.

The IRB Minutes were prepared by an Archdiocese Advisory Board that investigates allegations of abuse and makes recommendations to the Archbishop regarding the church’s response. The committee argued that the IRB Minutes should be publicly disclosed because, contrary to the Archdiocese’s assurances regarding the board’s independence and its mission to protect children, the minutes reflect an outsized concern for the perpetrators, their reputations, and questioning of the abuse claimants’ credibility.

The Claims Data reflects data from Survivors’ proofs of claim, including: the age range of Survivors when the abuse began; the current age range of Survivors; specific types of abuse alleged in the proofs of claim; the named perpetrators and how many claims identify those perpetrators; and the locations where abuse occurred. No Survivor objected to disclosure of the anonymous form of Claims Data.

Ultimately, the Court granted the committee’s request for disclosure and the ability to file the Claims Data on the court docket on the condition that (1) the page reflecting perpetrator names and the number of proofs of claim identifying each perpetrator must be modified to remove the names or reduce them to initials, and (2) the committee must send notice to all Survivor claimants to allow individuals to opt out of having their claim information included as part of the Claims Data.

The committee is hopeful that the Court’s ruling on the disclosure motion (and other pending motions) will bring the parties closer in mediation negotiations.