A retired Albany bishop filed for personal bankruptcy protection. The filing occurred after a civil trial where the former bishop and others were found personally liable. The liability stems from the collapse of a pension fund for employees of a Catholic hospital in Schenectady, New York.
3 months ago
Retired Bishop Edward Scharfenberger of Albany, aged 77, filed for Chapter 13 personal bankruptcy on December 17, 2025, in U.S. Bankruptcy Court for the Northern District of Albany.1
His assets are valued between $100,001 and $500,000, with 100-199 creditors and debts from $1,000,001 to $10 million.1
This follows a $54.2 million jury verdict holding him 10% liable, potentially $5.42 million in compensatory damages.1
St. Clare’s Hospital in Schenectady, New York, operated from 1949 to 2008 under Franciscan Sisters of the Poor with canonical oversight from the Albany Diocese.1
Its defined-benefit pension plan, a "church plan" exempt from ERISA regulations, served about 1,100 employees but faced a $50 million shortfall by 2018.1
The plan was terminated in 2019, leaving 650 retirees without payments and 450 receiving 70% lump sums.1
On December 12, 2025, a state jury found Bishop Scharfenberger 10% liable, former Bishop Howard Hubbard 20%, Father David LeFort 5%, St. Clare’s Corporation 20%, Joseph Pofit 25%, and Robert Perry 20% liable.1
The Diocese of Albany was cleared of liability.1
A punitive damages hearing paused due to bankruptcy filings by Scharfenberger and another defendant.1
No U.S. Catholic bishop is known to have filed personal bankruptcy previously, unlike 39 dioceses in Chapter 11 for abuse claims, including Albany's 2023 filing.1
Chapter 13 allows individuals like Scharfenberger to retain assets and propose a 3-5 year repayment from disposable income, potentially discharging some debts.1
Bankruptcy expert Marie Reilly notes possible creditor objections or non-dischargeable debts.1
Bishop Scharfenberger testified no pension discussions occurred on boards he chaired during his 2014-2024 tenure.1
The diocese denies operational control, claims prior aid efforts like listening sessions, and expresses ongoing concern via new Bishop Mark O’Connell.1
Plaintiff Mary Hartshorne voiced frustration, stating lost pensions cannot be fully recovered after 7.5 years.1
How does civil liability affect Catholic bishops’ personal financial responsibilities?
Catholic bishops, as administrators of diocesan temporal goods rather than personal owners, generally enjoy a structural separation between their personal finances and the assets of the juridic persons they oversee, such as dioceses or parishes. This distinction, rooted in canon law, limits the reach of civil liability into bishops' personal financial responsibilities, protecting their sustenance while preventing the commingling of church and private property. Civil courts, when respecting ecclesiastical governance, have typically refrained from imposing personal liability on bishops for diocesan debts or torts, recognizing the independent nature of church entities. However, bishops must scrupulously distinguish personal from ecclesiastical assets, as fraudulent debts or mismanagement could erode these protections.
The Catholic Church organizes its temporal goods through distinct "juridic persons," including dioceses, parishes, and religious institutes, each with autonomous rights to acquire, retain, administer, and alienate property. Bishops govern the "particular church" entrusted to them—namely, the diocese—but do not hold personal ownership over its assets. "The bishop is the administrator for property belonging to the diocese, which is the juridic person that the bishop administers." Parish property, for instance, is administered by the appointed pastor under the bishop's supervision, not by the bishop directly. This separation ensures that "property that belongs to one juridic person cannot simultaneously belong to another."
Historically, the bishop's personal support derives from the mensa episcopalis, a distinct endowment separate from cathedral revenues, underscoring the non-personal nature of diocesan funds. Bishops may draw from diocesan resources like the cathedraticum (a collection from parishes) for their sustenance, but this is tied to their office, not personal wealth. Pope Benedict XVI emphasized that bishops must manage these goods "wisely, honestly and transparently," directing them toward evangelization and charity, while ensuring priests receive just remuneration without temporal distractions. Civil liability against a diocese thus targets its corporate assets, not the bishop's private holdings, as courts have declined to treat dioceses and affiliates as "alter egos" absent evidence of abuse. For example, in bankruptcy proceedings, motions to consolidate diocesan and parish assets have been rejected, affirming that episcopal authority alone does not pierce corporate forms.
Canon law imposes strict obligations on clerics, including bishops, to avoid activities unbecoming their state, such as assuming public offices involving civil power or managing lay goods without ordinary permission. This fosters detachment from personal financial entanglements. Remuneration for bishops and other clerics is not a "salary" in the commutative justice sense but "honest sustenance" suited to their ministry, accounting for local conditions and enabling focus on ecclesiastical service. "The Church... guarantees to the cleric honest sustenance, whatever might be the assignment... so that he might continue to exercise his ministerial service... in serenity and complete liberty." Diocesan systems often pool resources for equitable distribution, where individual incomes (excluding strictly personal savings) contribute to a common fund, preventing disparities but protecting core support.
The "privilege of competency" further shields clerics' goods from civil attachment for debts, ensuring sufficient means for sustenance. "The goods of a cleric, burdened with debt, cannot be attached or sold without leaving him sufficient means of support." This privilege persists unless abused through fraudulent debts. Civil laws vary—some nations exempt ministerial necessities from seizure—but the principle prioritizes clerical support over creditors. Bishops, as stewards of "mysteries of God," must exemplify trustworthiness, avoiding scandal in financial management.
In civil litigation, such as tort or bankruptcy cases, plaintiffs have sought "enterprise liability" to hold bishops personally accountable for affiliated entities' actions, but courts have largely resisted, citing First Amendment protections for internal church governance. Cases like In re Archdiocese of Saint Paul & Minneapolis denied consolidation because episcopal oversight does not equate to corporate abuse. Similarly, dioceses were not vicariously liable for parish or entity torts without day-to-day control. The Puerto Rico Supreme Court's contrary approach—holding dioceses liable across boundaries—has been critiqued as pressuring churches to centralize, conflicting with canon law's local autonomy.
Bishops' wills reinforce this divide: ecclesiastical benefice income cannot be bequeathed personally without violating charity toward church works, while private savings (from family, frugality, etc.) remain disposable. Diocesan bishops must provide for church property succession via testament, distinguishing personal items. The bishop supervises charitable goods and collections but ensures proportionality and conformity to Church teaching, submitting reports for transparency.
Where resources fall short, bishops may levy moderate taxes or authorize collections, but always within law. Ultimately, civil liability engages diocesan assets under episcopal administration, not personal finances, barring exceptional fraud.
In summary, civil liability rarely extends to bishops' personal financial responsibilities due to canon law's rigorous separation of juridic persons, the privilege of competency, and judicial deference to church structure. Bishops must vigilantly maintain this distinction to safeguard their ministry and the faithful's trust.