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A federal judge in New York has determined that credit card companies have a greater claim on debtors than God. Judge Robert Littlefield Jr. ruled that the new federal bankruptcy law allowed him to reject a couple's Chapter 13 repayment plan that included a $100 monthly charitable contribution as part of the family's expenses.
At issue was a change in the federal bankruptcy law that went into effect in October 2005 barring deductions for charitable contributions when a debtor's personal income exceeds the state's median. It means the charitable donation must be included in the family's expenses as part of the bankruptcy plan. "Whether tithing is or is not reasonable for a debtor in bankruptcy is for Washington to decide," Littlefield wrote in his opinion. "However, consistency and logic would demand the same treatment for all debtors." Littlefield's decision is not a precedent at this point, even within the Northern New York judicial district where he sits, but it may give creditors' lawyers ideas on how get debtors to put more money toward paying back their clients. The decision's is especially interesting in Utah, a state that has one of the highest bankruptcy rates in the nation and where most residents are members of The Church of Jesus Christ of Latter-day Saints, which asks its members to pay 10 percent of their income as tithing. We can understand why a creditor would seek to disallow a contribution to a charity, especially when the debtor may be giving away 10 percent, or even more in some cases. Charity, by its nature, is a voluntary contribution for which the donor receives no tangible benefit. Creditors naturally see the repayment of the debt as a higher priority than a warm, fuzzy feeling, or even a claim of blessings from God. While understandable, the view is a little cold-hearted. There is some logic and law on the other side. In 1998, Congress passed the Religious Liberty Act that allows those in bankruptcy proceedings to continue to make charitable contributions. The measure was co-sponsored by Sen. Orrin G. Hatch, R-Utah, to protect churches from losing money. The law also shows respect for religious beliefs that have nothing to do with one's financial circumstances. To tithe-payers, especially Latter-day Saints, the contribution is an act of faith that will result in worldly blessings. To them, tithing is a debt to a supreme creditor who is first in line. Hatch spokesman Peter Carr said the new bankruptcy reform law was never meant to supersede the Religious Liberty Act, and staffers are reviewing Littlefield's decision to see if there was a defect in the law that needs addressing before others are hurt. In Utah, bankruptcy courts traditionally have been friendly toward tithing, although trustees look to make sure that a debtor has contributed to the church regularly in the past and is not using tithing as a way to weasel out of payment. That is a reasonable standard that balances conscience with the rights of creditors. It remains to be seen what Littlefield's decision means in Utah. But if creditors can demand that faith be dropped when it comes to debt payment, then Congress may need to act to clarify the question.
This story appeared in The Daily Herald on page A6.
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