Abstract

http://ssrn.com/abstract=812990
 


 



Christians v. Crystal Evangelical Free Church: Interpreting RFRA in the Battle Among God, the Government, and the Bankruptcy Code


Susan D. Franck


Washington and Lee University - School of Law


Minnesota Law Review, Vol. 81, p. 981, 1997

Abstract:     
In the past, religious debtors have used the Religious Freedom Restoration Act (RFRA) to tithe to their churches at a time when they were insolvent and questions have arisen whether these tithes are fraudulent transfers, which should be repatriated to the bankruptcy estate for the benefit of all creditors. This case comment analyzes the first circuit court opinion to evaluate the intersection of religious tithing, bankruptcy, fraudulent conveyance law and RFRA. In light of the doubts as to RFRA's constitutionality, this comment argues for a narrow interpretation of RFRA and, when determining the scope of free exercise protection, courts should use a functional balancing test to weigh the competing interests of religious liberty against the need for effective government administration in the context of personal bankruptcy.

Number of Pages in PDF File: 33

Keywords: RFRA, religion, bankruptcy, constitutional law

JEL Classification: K19, G33

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Date posted: October 9, 2005  

Suggested Citation

Franck, Susan D., Christians v. Crystal Evangelical Free Church: Interpreting RFRA in the Battle Among God, the Government, and the Bankruptcy Code. Minnesota Law Review, Vol. 81, p. 981, 1997. Available at SSRN: http://ssrn.com/abstract=812990

Contact Information

Susan D. Franck (Contact Author)
Washington and Lee University - School of Law ( email )
Lexington, VA 24450
United States
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