Tithing and Bankruptcy

Abstract:     
In 1998 Congress passed the Religious Liberty and Charitable Donation Protection Act. At the expense of creditors, the Act protects the rights of debtors to make religious and charitable contributions and the ability of religious and charitable institutions to keep the donations. This Article interprets the results of ground-breaking empirical research into the effects of the Act in its first two years of existence. Although some outcomes are predictable, others are quite surprising. For example, by building a discretionary cushion into the Chapter 13 debtor's budget, the Act might increase the rate at which Chapter 13 payment plans are completed.

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