This brief was submitted in bankruptcy claim case brought by Terin Humphrey, a survivor of sexual assault by Larry Nassar, against USA Gymnastics. While Terin’s state claim remained viable under the state statute of limitations (“SOL”), the federal bankruptcy court denied her claim as untimely because she filed after the bankruptcy bar date. CHILD USA argues that the federal bankruptcy law may not foreshorten state SOLs by instituting a bar date that forces victims to come forward before their claims expire. Bankruptcy laws were designed to protect individuals and businesses from dissolving under the weight of business debts but have since been perverted to protect guilty institutions from collapsing when survivors of the sexual assault permitted and perpetuated by those institutions come forward to seek justice. When an institution fosters a welcoming environment for perpetrators of childhood sexual assault, it should be allowed to suffer the negative consequences of its actions.
BRIEF OF AMICUS CURIAE TERIN HUMPHREY V. USA GYMNASTICS and TORT CLAIMANTS COMMITTEE
December 1, 2020
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA, INDIANAPOLIS DIVISION
Case No. 1:20-cv-02522