Legal Opinion
Morris v. Midway Southern Baptist Church (In Re Newman)
District Court, D. Kansas
Decided November 26, 1996No. Bankruptcy 95-1228-WEBPublishedCited by 12 opinions
1Opinion of the Court
Memorandum and Order
WESLEY E. BROWN, Senior District Judge.
The trustee brought an adversary complaint to recover $2,442.22 donated by the debtors, Paul and Myrtle Newman, to Midway Southern Baptist Church (“Midway”). The debtors donated the money in the year before their bankruptcy pursuant to a regular practice of tithing (i.e., giving the church approximately a tenth of their income), which they believe is a spiritual obligation of church members. Following an evidentiary hearing, the bankruptcy court held that the trustee could recover the donations under the “constructive fraud”…
2Cases cited22 opinions
- Wisconsin v. YoderSupreme Court of the United States · 1972
- Sherbert v. VernerSupreme Court of the United States · 1963
- Employment Div., Dept. of Human Resources of Ore. v. SmithSupreme Court of the United States · 1990
- Church of the Lukumi Babalu Aye, Inc. v. City of HialeahSupreme Court of the United States · 1993
- Secretary of State of Md. v. Joseph H. Munson Co.Supreme Court of the United States · 1984
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3Cited by12 opinions
- Hankins v. LyghtCourt of Appeals for the Second Circuit · 2006
- Breeden v. Bennett (In Re Bennett Funding Group, Inc.)United States Bankruptcy Court, N.D. New York · 1997
- In Re Gates Community Chapel of Rochester, Inc.United States Bankruptcy Court, W.D. New York · 1997
- CB Richard Ellis, Inc. v. CLGP, LLCColorado Court of Appeals · 2010
- Weinman v. Word of Life Christian Center (In Re Bloch)District Court, D. Colorado · 1997
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