Can I Tithe During Bankruptcy?

Tithing, the practice of giving a portion of your income to a church, usually 10%, was specifically recognized and protected by Congress in “The Religious Liberty and Charitable Donation Protection Act of 1998.”

Therefore, it came as quite a surprise when a Bankruptcy Judge felt the changes made to the bankruptcy code by the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA), compelled him to find that debtors who make above their state’s median income cannot tithe, or even make other charitable donations until their creditors have been paid.

The case, In re Diagostino, No. 06-10384 (Bankr. N.D.N.Y. 8/28/2006) created quite a stir in the press and resulted in expressions of outrage and disbelief by Republicans and Democrats alike.

So that there was no doubt about the ability to tithe, the Senate and House of Representatives enacted the “Religious Liberty and Charitable Donation Clarification Act of 2006 (S. 4044).

What S. 4044 does is to make clear that money given by a debtor to a charitable organization, including tithing to a church, is not to be included when considering the funds available to be paid to a creditor in bankruptcy.

So, can you tithe during bankruptcy?  The answer is Yes.

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