A debtor's right to tithe in bankruptcy under the Religious Freedom Restoration Act

Article Abstract:

The Religious Freedom Restoration Act of 1993 (RFRA) may resolve problems with tithing in bankruptcy, often treated as fraudulent transfers, but debtors are still likely to have difficulty proving substantial burdens on their religious freedom. RFRA was enacted to stop a trend of minimizing the protections for religious expression and establishes a stringent compelling interest standard as well as a least restrictive means standard on government actions that infringe on religious rights. Though RFRA should help the confusion over tithing, an amendment to the Bankruptcy Code may be needed.

Religious aspects, Tithes

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Federalism, states, and the power to regulate municipal bankruptcies: who may be a debtor under Section 109(c)?

Article Abstract:

Federalism demands that federal courts presiding over municipal bankruptcies defer to state decisions either qualify or not qualify municipalities as among the entities worthy of debtor status and bankruptcy relief under Bankruptcy Code section 109(c). Otherwise, federal courts would unduly interfere with a state's right to determine what powers to vest in municipalities and which to retain for the state, including the right to bankruptcy relief under federal law. Federal courts must construe state laws strictly so as not to give municipalities greater remedies than a state intended.

Analysis, Federalism, State rights

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Provisions for access to chapter 9 bankruptcy: their flaws and the inadequacy of past reforms

Article Abstract:

1994 revisions to the Bankruptcy Code failed to address inconsistencies in the law regarding a municipality's right to file bankruptcy. The code should be amended to clarify requirements for filing, and to more clearly define "municipality." Municipalities can appropriately file for protection under chapter 9 of the Bankruptcy Code, but the right to file has historically been limited by the states.

Bankruptcy Law, Other Justice, Public Order, and Safety Activities

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