Legal Opinion
Wadsworth v. Word of Life Christian Center (In re McGough)
Bankruptcy Appellate Panel of the Tenth Circuit
Decided March 14, 2012No. BAP No. CO-11-038; Bankruptcy No. 09-37932; Adversary No. 10-01910PublishedCited by 2 opinions
1Opinion of the Court
THURMAN, Bankruptcy Judge.
Can there ever be too much charity? In the bankruptcy context, Congress generally responds, “when the charity exceeds 15% of a debtor’s gross annual income.” How that response is to be interpreted is the subject of the present appeal. Here, the Bankruptcy Court concluded, pursuant to 11 U.S.C. § 548(a)(2)(A),1 that the trustee in bankruptcy (“Trustee”) was entitled to avoid a portion of the charitable contributions made by debtors Lisa and Scott McGough (“Debtors”) during the two-year period prior to their bankruptcy filing, which was only the amount by which those…
2Cases cited11 opinions
- Salve Regina College v. RussellSupreme Court of the United States · 1991
- Lamie v. United States TrusteeSupreme Court of the United States · 2004
- In Re Durability, Inc., Debtor. James R. Adelman, Trustee v. Fourth National Bank and Trust Company, N.A., of Tulsa, Ok, Fred I. Palmer, Sr.Court of Appeals for the Fourth Circuit · 1990
- Allen v. Geneva Steel CompanyCourt of Appeals for the Tenth Circuit · 2002
- The Universal Church v. Robert L. Geltzer, as Trustee of the Estate of Darnelle BoisrondCourt of Appeals for the Second Circuit · 2006
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3Cited by2 opinions
- Weinman v. Walker (In re Adam Aircraft Industries, Inc.)United States Bankruptcy Court, D. Colorado · 2013
- In RE McGOUGHBankruptcy Appellate Panel of the Tenth Circuit · 2012