House Passes Law to Protect Tithing in Bankruptcy

The House of Representatives Wednesday gave final approval to a bill sponsored by Senators Barack Obama (D-IL) and Orrin G. Hatch (R-Utah) to protect an individual’s right to continue reasonable charitable contributions, including religious tithing, during the course of consumer bankruptcy. The measure passed the United States Senate in late September and will now be presented to the President for his signature.

“Congress has a long history of protecting our religious freedom to tithe,” Hatch said. “That was our intent when we enacted bankruptcy reform last year, and this bill clarifies the law so that those who tithe can continue to live their faith while in bankruptcy.”

“For millions of Americans, charitable giving and tithing is an essential part of their lives,” Obama said. “And in a country where 37 million citizens live in poverty, we should be encouraging charitable giving, not limiting it.”

The Hatch-Obama bill, S. 4044, responds to a recent court ruling that above-medium income debtors in Chapter 13 bankruptcy cannot deduct charitable contributions, including religious contributions, from their payment plans. The ruling was based on an interpretation of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA). Hatch and Obama authored S. 4044 to ensure that all individuals in bankruptcy, no matter their income, would be able to continue giving to charity and their church.

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