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Religion and Bankruptcy

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5 Responses

  1. Frank says:

    I find this a fascinating area of law–particularly on the question of whether someone can continue tithing into bankruptcy.

    Compare, for example:

    Jool Nie Kang, TITHING: A FRAUDULENT TRANSFER OR A MORAL OBLIGATION? 18 Bankr. Dev. J. 399

    and

    Richard Corbi, YOU HAVE THE RIGHT TO CABLE TV, BUT NOT EDUCATION: A PROPOSAL TO AMEND THE BANKRUPTCY CODE TO PERMIT ALL EDUCATION EXPENSES IN CHAPTER 13 BANKRUPTCY PLANS, 43 Fam. Ct. Rev. 625 (2005)

  2. Nate Oman says:

    I don’t think that the issue is whether one can pay tithing in bankruptcy. Rather, I think it is whether or not a bankruptcy may void a pre-bankruptcy transfer to a religious entity. I am torn on this issue. On one hand, I am not particularlly sympathetic to the claim that insolvent debtors ought to be able to give their assets to a church thus depriving their creditors of payment. On the other hand, I can understand the concerns of churches (particularlly small, congregationally based churches) that run the risk of getting sucked into expensive litigation over the scope of a trustee’s right to pre-petition payments.

  3. Xanthippas says:

    Unless a study controls for all of the various factors that can influence bankruptcy filings, I’m not sure how much use it is other than as anecdote.

  4. Brian says:

    Listed below are some possible reasons for the high rate of bankruptcy in Utah but my observations from living in Utah for three years:

    *great percentage of self employed people and people working for small businesses

    *greater percentage of MLMs (multi-level marketing schemees)

    *lack of large private employers and Fortunes 500 companies based in Utah

  5. john d says:

    Listed below are some possible reasons for the high rate of bankruptcy in Utah but my observations from living in Utah for three years:The most easily accessible, and most often cited reasons for this revolve around demographic or behavioral aspects linked to the state’s predominant religion: Mormonism but i think the major reason is that most of the people are self employed lack of large private employers and Fortunes 500 companies based in Utah.

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