FW: Interesting question: Portland Archdiocese Filing Chapter 11

[Vance R. Koven]

At 02:06 PM 7/8/2004, marc stern wrote:
>Which court determines whether a
>fraud was perpetrated? Is it the bankruptcy court?

Yes, since all claims against the bankrupt have to be filed in the 
bankruptcy court.

>And the standard of good
>moral character is supplied by cannon law? State law? Common law fiduciary
>responsibilities?

It would be state law of one variety or the other, since the bankruptcy 
court will not be permitted to apply canon law (if canon law addresses such 
a thing). A secular court hearing a case against a church body could only 
apply "neutral" principles of decision, which I gather was the underlying 
premise of the questions that started this thread (to which my fraud 
comment was merely tangential).


Vance R. Koven
Boston, Massachusetts USA
vrkoven at world.std.com