The Roman Catholic Church of the Archdiocese of New
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Case 20-10846 Doc 461 Filed 10/01/20 Entered 10/01/20 16:43:11 Main Document Page 1 of 91 UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF LOUISIANA In re: § § Case No. 20-10846 THE ROMAN CATHOLIC CHURCH § OF THE ARCHDIOCESE OF NEW § Section “A” ORLEANS, § § Chapter 11 Debtor.1 § ORDER FIXING TIME FOR FILING PROOFS OF CLAIMS; APPROVING PROOF OF CLAIM FORMS; PROVIDING FOR CONFIDENTIALITY PROTOCOLS; AND APPROVING FORM AND MANNER OF NOTICE Considering the Ex Parte Motion for an Order Establishing Deadlines for Filing Proofs of Claims; Approving Proof of Claim Forms; and Approving Form and Manner of Notice Thereof (the “Motion”) [Docket No. 200] filed by The Roman Catholic Church of the Archdiocese of New Orleans, Debtor-In-Possession (the “Debtor”). It appears that the Motion was brought in compliance with the Federal Rules of Bankruptcy Procedure (“Bankruptcy Rules”) and Louisiana Eastern District Local Bankruptcy Rules (“Local Rules”); that a preliminary objection, as supplemented (the “Objection’), was filed by the Official Committee of Unsecured Creditors appointed in this case (the “Committee”); the Court having considered the Motion, the Objection, the representations and arguments of counsel at the hearing on the Motion; the Court having jurisdiction over this matter pursuant to 28 U.S.C. § 1334 and § 157, and this is a core proceeding pursuant to 28 U.S.C. § 157(b)(2); that notice of the Motion is appropriate and no other or further notice is required; that the relief requested in the Motion, as modified and granted herein, is in the 1 The last four digits of the Debtor’s federal tax identification number are 8966. The Debtor’s principal place of business is located at 7887 Walmsley Ave., New Orleans, LA 70125. Case 20-10846 Doc 461 Filed 10/01/20 Entered 10/01/20 16:43:11 Main Document Page 2 of 91 best interest of the Debtor’s estate, its creditors, and other parties-in-interest, and necessary and appropriate for establishing procedures; and that sufficient cause exists. Therefore, IT IS HEREBY ORDERED that: 1. The Motion is granted, as modified and set forth in this Order. FORMS 2. The Sexual Abuse Proof of Claim Form, the General Claims Bar Date Notice, the General Creditor Proof of Claim Form, the Permitted Party Confidentiality Agreement, the Sexual Abuse Claims Bar Date Notice, and the Publication Notice, in substantially the forms annexed hereto as Exhibits A, B, C, D, E, and F, respectively, and the Publication Notice Plan and Protocol (the “Publication Plan”), set forth on Exhibit G hereto, are approved. NOTICE 3. The form and manner of notices as approved herein fulfill the notice requirements of the Bankruptcy Rules and the Local Rules, and notice of the bar dates in the form and manner as approved herein is fair and reasonable, and will provide sufficient and due notice to all creditors of their rights and obligations in connection with claims they may assert against the Debtor’s estate in this chapter 11 case. Accordingly, the Debtor is authorized and directed to serve and/or publish the notices in the manner described herein. BAR DATES 4. The General Claims Bar Date: Except as provided in paragraph 7 of this Order, any entity holding a pre-petition claim against the Debtor must submit a proof of claim in accordance with the procedures described herein so that it is received on or before November 30, 2020, 5:00 p.m. (Central Time) (the “General Claims Bar Date”). The General Claims Bar Date applies to all persons and entities excluding governmental units and Sexual Abuse Claimants, addressed in 2 Case 20-10846 Doc 461 Filed 10/01/20 Entered 10/01/20 16:43:11 Main Document Page 3 of 91 paragraph 6, that assert claims, as defined in § 101(5) of the Bankruptcy Code, 11 U.S.C. §101 et seq. (the “Bankruptcy Code”) against the Debtor (whether secured, unsecured priority, or unsecured non-priority) that arose prior to or on May 1, 2020 (the “Petition Date”). The General Claims Bar Date shall be identified in the General Claims Bar Date Notice and the Publication Notice. 5. The Government Unit Claims Bar Date: Except as provided in paragraph 7 of this Order, any government unit holding a pre-petition claim against the Debtor must submit a proof of claim in accordance with the procedures described herein so that it is received on or before November 30, 2020, 5:00 p.m. (Central Time) (the “Government Unit Claims Bar Date”). The Government Unit Bar Date applies to all persons and entities excluding General Claims and Sexual Abuse Claimants, addressed in paragraph 6, that assert claims, as defined in § 101(5) of the Bankruptcy Code, against the Debtor (whether secured, unsecured priority, or unsecured non- priority) that arose prior to or on the petition date. The Government Unit Claims Bar Date shall be identified in the General Claims Bar Date Notice and the Publication Notice. 6. Except as provided in paragraph 7 of this Order, any entity holding a prepetition claim arising from Sexual Abuse for which the individual believes the Debtor may be liable, must submit a proof of claim in accordance with the procedures described herein so that it is received on or before March 1, 2021, 5:00 p.m. (Central Time) (the “Sexual Abuse Claims Bar Date”). The Sexual Abuse Claims Bar Date shall be identified in the Sexual Abuse Claims Bar Date Notice and the Publication Notice. For the purposes of this Order, Sexual Abuse is defined as any of the following acts: a. Touching by the abuser of the person’s intimate body parts (genitals, breasts, or buttocks), the touching by the person of the abuser’s intimate body parts, showing pictures of the person’s body or other persons’ bodies, taking pictures of the person’s body, showing 3 Case 20-10846 Doc 461 Filed 10/01/20 Entered 10/01/20 16:43:11 Main Document Page 4 of 91 pornography, or making images of the person while naked or engaged in any sexual activity, or any sexualized interaction including observing the person in bathing, toileting, or undressing that was made possible by the abuser’s position of authority, or by the inducement of the abuser, or; b. sexual intercourse, simulated intercourse, masturbation, cunnilingus, fellatio, anal intercourse, or any intrusion, however slight, to the genital or anal openings: (i) Of the person’s body by any part of the abuser’s body or any object used by the abuser for this purpose; or (ii) Of the person’s body by any part of the body of the abuser or by any part of the body of another person, or by any object used by the abuser or another person for this purpose; or c. Inappropriate physical contact and/or contact that infringes upon another’s personal, physical boundaries including but not limited to groping, kissing, extended hugging, and/or any unwelcomed touching; or d. Grooming or trying to create a special relationship, including but not limited to: talk of a sexual nature, talk of a romantic nature, communications expressing individual love to the person, as opposed to a salutation, providing material resources or experiences which induce the person into a relationship where trust is then violated. FILING PROOFS OF CLAIM 7. The following entities, whose claims otherwise would be subject to the General Claims Bar Date, the Government Claims Bar Date or the Sexual Abuse Claims Bar Date, shall not be required to file proofs of claim in this chapter 11 case: a. Any person or entity that has already properly filed a proof of claim against the Debtor with the Clerk of the Court for the United States Bankruptcy Court for the Eastern District of Louisiana (the “Court”) or with Donlin, Recano & Company, Inc., the Debtor’s claims, noticing and solicitation agent (“DRC”). Notwithstanding the foregoing, Sexual Abuse Claimants that previously filed with the Court a proof of claim on account of a Sexual Abuse Claim using a form other than the Sexual Abuse Proof of Claim Form, including Official Bankruptcy Form No. 410, will subsequently be notified that such claimant must refile his or her claim using the Sexual Abuse Proof of Claim form. Any such refiled Sexual 4 Case 20-10846 Doc 461 Filed 10/01/20 Entered 10/01/20 16:43:11 Main Document Page 5 of 91 Abuse Proof of Claim shall relate back for purposes of timeliness to the date that such claimant’s original claim was filed, provided it is refiled no later than 45 days after written notice is given to such claimant to refile his or her claim.; b. Any person or entity: (i) whose claim is listed in the Debtor’s filed schedules or any amendments thereto; and (ii) whose claim is not described therein as “disputed,” “contingent,” or “unliquidated;” and (iii) who does not dispute the amount or classification of its claim as set forth in the schedules; c. Professionals retained by the Debtor or the Committee pursuant to orders of this Court, who assert administrative claims for payment of fees and expenses subject to the Court’s approval pursuant to §§ 330, 331, and 503(b) of the Bankruptcy Code; d. Any person or entity that asserts an administrative expense claim against the Debtor pursuant to § 503(b) and § 507(a)(2) of the Bankruptcy Code; e. Any person or entity whose claim against the Debtor has been allowed by an Order of the Court entered on or before the applicable bar date; f. Any person or entity whose claim has been paid in full.