Ye may tithe unto the Lord (even in bankruptcy)
A follow-up to an earlier post from today’s Times-Union: Bill aims to protect post-bankruptcy tithing; Senate passes measure after ruling in New York case that couple cannot continue to give
ALBANY — A debtor’s right to make reasonable religious donations during a financial reorganization would be protected under a bill, based on a New York bankruptcy case, that was hastily passed in Washington last weekend.
The unanimous vote in the Senate early Saturday comes amid an outcry against a 2005 federal bankruptcy reform package critics say protects the credit card, credit union and car dealership lobbies at the expense of the rights of the faithful. The bill still faces a vote sometime this fall in the House of Representatives.
Judge Robert Littlefield ruled in August that the controversial 2005 law prohibits an Adirondacks couple who filed for Chapter 13 protection from continuing to pay $100 a month to the Sacred Heart Parish of Massena while they reimburse their unsecured creditors.
At the time, Littlefield, a judge for the Northern District of New York, said reform legislation clearly says such a contribution is not considered a reasonable or necessary expense when a family’s income is above the median level.
After being blasted by religious leaders and a national bankruptcy lawyers association in recent weeks, ranking Republican Sen. Orrin G. Hatch of Utah released a statement saying he usually opposes resorting to such an “impromptu legislative response to judicial decisions.”
“But the religious practices and beliefs of individuals should not be subject to the whims of judicial interpretation,” he said, striking back at Littlefield.
“This bill ensures those who tithe can continue to live their faith while in bankruptcy…”
seperation of church and state??
I think the article mentioned that, but from the opposite perspective, stating that the state should do what it wishes and make no correction or accommodation based on religion.
It’s odd in that Bankruptcy Courts are courts of equity – they give the judge wide leeway in ignoring other laws and rules so as to find the most ‘equitable’ solution.
I think the judge in the case could have very easily allowed the couple to tithe, and I doubt any of the creditors would have objected – they would have looked like the ‘mean’ ones.