In Re Green
United States Bankruptcy Court, W.D. Michigan
1Opinion of the Court
THE FIRST AMENDMENT AND TITHING BY CHAPTER 13 DEBTORS
LAURENCE E. HOWARD, Bankruptcy Judge.
This case presents the question of whether the confirmation of a Chapter 13 plan based on a monthly budget which permits Mrs. Green to tithe violates the Establishment Clause of the First Amendment to the United States Constitution. The case also implicitly raises the countervailing question of whether it would be a violation of the Free Exercise Clause of that same Amendment to deny confirmation solely because of the debtor’s tithing.
On April 10, 1987, the court ruled from the bench that confirmation of…
2Cases cited13 opinions
- Lemon v. KurtzmanSupreme Court of the United States · 1971
- Sherbert v. VernerSupreme Court of the United States · 1963
- Local Loan Co. v. HuntSupreme Court of the United States · 1934
- Thomas v. Review Board of the Indiana Employment Security DivisionSupreme Court of the United States · 1981
- Walz v. Tax Comm'n of City of New YorkSupreme Court of the United States · 1970
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- Christians v. Crystal Evangelical Free Church (In Re Young)District Court, D. Minnesota · 1993
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- In Re LeeUnited States Bankruptcy Court, N.D. Georgia · 1993
- In Re PackhamUnited States Bankruptcy Court, D. Utah · 1991
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