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Judge rules church property subject to bankruptcy settlement
OregonLive.com ^ | 12/30/2005 | WILLIAM McCALL

Posted on 12/31/2005 12:13:04 PM PST by Clint Williams

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To: DJ MacWoW

Yes.

The church has been found guilty. It must pay. The parishioners made up the church. They may be innocent, but so are the investors in Enron or the children of Criminals who are incarcerated (or fired or whatever).

Innocent people are ALWAYS affected when criminals are caught. You choose your associates, you pay accordingly.


41 posted on 12/31/2005 3:39:41 PM PST by freedumb2003 (American troops cannot be defeated. American Politicians can.)
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To: DJ MacWoW

So you like to hide criminals. I am not mixing apples and oranges. You are an accessory after the fact.


42 posted on 12/31/2005 3:42:07 PM PST by freedumb2003 (American troops cannot be defeated. American Politicians can.)
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To: freedumb2003
Apples and oranges. A company is not the same as a church.

Innocent people are ALWAYS affected when criminals are caught.

That's a reason for trampling on the First Amendment and closing a church and maybe a school? Welcome to the New America!

43 posted on 12/31/2005 3:44:33 PM PST by DJ MacWoW (If you think you know what's coming next....You don't know Jack.)
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To: freedumb2003
So you like to hide criminals.

The parishoners hid them?

I am not mixing apples and oranges

A company and a church are not similar entities.

44 posted on 12/31/2005 3:46:26 PM PST by DJ MacWoW (If you think you know what's coming next....You don't know Jack.)
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To: conservativehistorian
For the same reason that the dioceses of Spokane and Portland were - sex abuse liability<<<<

Hmmmm...Do u see a pattern here?...(doesn't mater what religion)...sometimes ya got to call a spade a spade...and if thats bashing..so be it...Wrong is wrong..and someone has to reap the consequences...or do we sweep it under the rug some more?
45 posted on 12/31/2005 4:06:02 PM PST by M-cubed (Why is "Greshams Law" a law?)
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To: freedumb2003

Btw, Happy New Year!


46 posted on 12/31/2005 4:07:47 PM PST by DJ MacWoW (If you think you know what's coming next....You don't know Jack.)
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To: DJ MacWoW

And a Happy, Safe and Prosperous New Year to you and yours as well! :)


47 posted on 12/31/2005 4:09:01 PM PST by freedumb2003 (American troops cannot be defeated. American Politicians can.)
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To: Salvation
I found three opinions on the case in question from
the United States Bankruptcy Court,
District of Oregon at:


12/23/05
#1
No. 04-37154-elpll
#1 12/23/05

12/30/05
#2
N0. 04-3754-elpll
#2 12/30/05

12/30/05
#3
No. 04-35154-elpll
#3 12/30/05

Have a Happy New Year...
48 posted on 12/31/2005 4:14:37 PM PST by Smartass (Si vis pacem, para bellum - Por el dedo de Dios se escribió)
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To: JoeFromSidney; Poison Pill; DJ MacWoW; Myrddin; freedumb2003
First Amendment, anyone?

The diocese wants to have its cake and eat it too. It submitted to the bankruptcy court's authority and jurisdiction when it filed for bankruptcy protection. It can't hide behind the First Amendment just because the bankruptcy court's rulings are unfavorable to its position.

49 posted on 12/31/2005 4:19:50 PM PST by Huntress (Possession really is nine tenths of the law.)
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To: Brytani
The members of the US Catholic family are innocent of the crimes committed yet are now the ones potentially punished if the very places they gather for mass are taken away.<<<<<

Yup!..Its kinda like going to a whorehouse and getting ripped off...Damned if u do,,damned if u dont
50 posted on 12/31/2005 4:21:55 PM PST by M-cubed (Why is "Greshams Law" a law?)
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To: DJ MacWoW
Now that we have the pleasantries aside...

Apples and oranges. A company is not the same as a church.

Sorry to burst your bubble -- a church is a corporation. A special type of one, but a corporation nonetheless.

That's a reason for trampling on the First Amendment and closing a church and maybe a school?

This is not a 1st Amendment case. The church can say whatever the heck it wants. As for shutting down a church and a school, the criminals did that, not the government.

Saying the government is shutting down a school is the same as saying it takes away Daddy's income when he is incarcerated. This is on the perpetrator, not the government that prosecuted him.

51 posted on 12/31/2005 4:37:17 PM PST by freedumb2003 (American troops cannot be defeated. American Politicians can.)
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To: Brytani

You say "The vast majority of m onies raised by any church comes from its members."

Yes, you are right. But so what? The assets at that point belong to the church itself, NOT the individual congregants.

The church was found responsible for paying the crimes, and thus lost its assets.

How do you propose punishing institutions that commit or abet crimes, if you claim that institutions don't actually own assets? And for the purposes of this discussion, I don't see how the type of institution changes the answer. Church, corporation, country club, Hibernians Hall, etc. etc. They're all entities that have gotten their assets from individuals.

What if somebody owns a day-care, and one of the employees is molesting children. The owner of the daycare KNOWS what's happening, and not only doesn't come forward, but actively hides the crime and protects the perpetrator. All the assets of that daycare actually come from paying customers - do you claim that the government has no right to take those assets in a settlement? Or, are you saying that in the identical situation, where one entity is a daycare and one is a church, the rules should be different?


52 posted on 12/31/2005 5:32:51 PM PST by Bubbatuck ("Hillary Clinton can kiss my ass" - Tim Robbins)
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To: JoeFromSidney
The First Amendment merely prohibits the legislative branch from establishing a religion. Other interpretations are scurrilous.
53 posted on 12/31/2005 5:39:01 PM PST by brainstem223
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To: freedumb2003
a church is a corporation. A special type of one, but a corporation nonetheless

Their functions are different so they aren't comparable.

This is not a 1st Amendment case.

It is not alright for the government to over ride titles to property. If the congregation owns the property and it's taken, how does that punish the guilty? It doesn't.

As for shutting down a church and a school, the criminals did that, not the government.

No. The guilty are responsible for their own actions. Even using twisted logic, you aren't just "punishing the sons for the fathers sin", you're punishing people who had nothing to do with it. And yes the government IS responsible as they are evidently rewriting who holds title to the property.

I'm all for punishing the guilty. But the property being taken isn't his.

Saying the government is shutting down a school is the same as saying it takes away Daddy's income when he is incarcerated.

The government is taking something that does not personally belong to the guilty party. Your analogy doesn't apply.

Now that we have the pleasantries aside...

What are we doing debating other peoples problems on New Years Eve? LOL :)

54 posted on 12/31/2005 7:14:03 PM PST by DJ MacWoW (If you think you know what's coming next....You don't know Jack.)
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To: DJ MacWoW
You're not making moral, legal or argumentative sense.

I'll try one more time.

A crime was performed by an agent of a subsidiary of a corporation. A monetary judgment has been rendered against that subsidiary.

The parent corporation is attempting to shield assets by hiding them in other subsidiaries.

A judgment against a subsidiary is a judgment against the parent company. All the companies in the parent company and its subsidiaries are fair game for satisfying the judgment.

That is exactly what is happening. There are no secondary issues, no 1st Amendment issues (which btw have nothing to do with property titles), no "what does the corporation does" issues, no "collateral people injured issues."

This is the Law of the Land. It applies to Enron, to the Catholic Church, to you, to me, to Microsoft, and even to the Episcopalians and Methodists.

Whether you want to believe it or not, the Church is a Corporation. Individual Parishes are Also Corporations, but they are subsidiaries of the Archdiocese.

These are just facts.

Good night and Happy New Year. Stay safe.

55 posted on 12/31/2005 7:24:56 PM PST by freedumb2003 (American troops cannot be defeated. American Politicians can.)
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To: freedumb2003
A crime was performed by an agent of a subsidiary of a corporation.

Not a church goer, are you.

Good night and Happy New Year. Stay safe.

It's slick outside and snowplows are out. We're in for the night. Goodnight to you and enjoy your evening.:)

56 posted on 12/31/2005 7:34:29 PM PST by DJ MacWoW (If you think you know what's coming next....You don't know Jack.)
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To: DJ MacWoW
I'm all for punishing the guilty. But the property being taken isn't his.

The church employed and protected the criminals. That makes the church an accessory to the crime. The litigants have prevailed in their suit against the individuals and the church.

If the local congregation provided income to pay for the church and the criminals employed by the church, then they also share an obligation to make restitution for damages caused by their employee. The responsibility has also been limited to that diocese and not the Catholic church in general to deal with the problem.

57 posted on 12/31/2005 7:38:55 PM PST by Myrddin
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To: DJ MacWoW
Not a church goer, are you.

This has become a legal question, so it doesn't matter whether or not anyone's a church goer.

It was a moral question at one time, and the church took a pass.

Then it became a legal question, and the resolution of the question is no longer up to the church.

58 posted on 12/31/2005 8:05:48 PM PST by Balding_Eagle (God has blessed Republicans with political enemies who have dementia.)
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To: Clint Williams
Homo priests, corrupt judges and slick lawyers are stealing 150 years of accumulated property from Catholic citizens. Our houses of worship will end up as strip clubs, mark my words. This is what is intended, all around.

Like the sticker says "keep honking, I'm reloading ... "

59 posted on 12/31/2005 10:11:24 PM PST by Jack Black
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To: freedumb2003
Stockholders and employees in Enron and Worldcom and Anderson paid pretty dearly. So they should never have been prosecuted.

IMHO Anderson should not have been prosecuted as a corporate entity. A miniscule percentage of Anderson employees were invovlved in the Enron accounting. I don't believe it was shown that the entire company, or a significant portion of the company were involved in the scam. Any company with 1,000 employees is going to have criminals among them. Certainly with 10,000 employees there is no escaping it. IBM has almost 400,000 employees. If 10 or 20 or even 100 of them in some particular geography commit a crime should the entire company be destroyed? Who does this benefit?

60 posted on 12/31/2005 10:23:27 PM PST by Jack Black
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