Tort Committee v. Roman Catholic Archbishop of Portland in Oregon

MEMORANDUM OPINION (TORT CLAIMANTS COMMITTEE’S SECOND RESTATED MOTION FOR PARTIAL SUMMARY JUDGMENT)

ELIZABETH PERRIS, Bankruptcy Judge.

The Roman Catholic Archbishop of Portland in Oregon, and Successors, a Corporation Sole, dba the Archdiocese of Portland in Oregon (“debtor” or “the Archdiocese”) filed a chapter 11 1 case in 2004. The Archdiocese has taken the position that, although it holds legal title to approximately $98 million in deposits and investment accounts 2 and an extensive amount of real estate, most of that property is held in trust and, thus, is not available to be used to pay…