Student loan discharge: arguments to save donations from the closing jaws of creditors so they find their way into the open arms of charity

Loading...
Thumbnail Image

Authors

Manhart, Anthony

Issue Date

2003

Type

Journal Article

Language

Keywords

Research Projects

Organizational Units

Journal Issue

Alternative Title

Abstract

This Article examines one of the intersections of federal law, specifically the Bankruptcy Code, and free expression of religion. After a brief overview of the relevant statutes and case law for tithing or donating debtors, this Article proposes two arguments that will be relevant when a person who tithes or donates faces the difficult situation of bankruptcy. The first is a statutory argument. Although a portion of the recent Religious Freedom Restoration Act has been struck as unconstitutional, the remaining portion of this statute, along with other relevant statutes, may allow an argument for discharge of student loans. The second argument is for this matter to be settled by the bankruptcy court. The debtor would argue for the bankruptcy court to use its sound discretion to allow the discharge. The article then resolves the arguments and suggests that change to the Bankruptcy Code may be necessary to provide consistency in this issue.

Description

Citation

Manhart, Anthony. (2003), Student loan discharge: arguments to save donations from the closing jaws of creditors so they find their way into the open arms of charity. Journal of Religion & Society, 5.

Publisher

Rabbi Myer and Dorothy Kripke Center, Creighton University

License

The journal is open-access and freely allows users to read, download, copy, distribute, print, search, or link to the full texts of all published material for personal or academic purposes.

Journal

Volume

Issue

PubMed ID

DOI

ISSN

1522-5658

EISSN