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Church contributions and trustee

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    Church contributions and trustee

    Some church members really do believe in tithing 10% of their income. What if a debtor states this amount on I and J and the means test, what is the history of trustees response to a high amount to charities if it can be proven. Will the trustee look to cut other expenses in response or is the debtor protected by the lawmakers who want debtors to continue supporting churches

    #2
    Generally, tithing is fine so long as there is a reasonably reliable history of doing so.

    I believe their is a BK code section that actually discusses it, but the specifics escape me.
    Last edited by HHM; 04-30-2012, 06:34 PM.

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      #3
      We claimed 10% tithing, which was backed up by the last few years of tax returns. Law states that a debtor can claim up to 15% charitable contributions. As long as the history can be proven, it's a non-issue. That said, as soon as our attorney saw this on our paperwork, he asked how long we'd been doing it and if we had proof. Apparently, some people will suddenly decide to start tithing a month or two before filing, which can cause issues...
      Filed Chapter 13 on 2-28-10. 341 completed 4/14/10. Confirmed 5/14/10. Lien strip granted 2/2/11
      0% payback to unsecured creditors, 56 payments down, 4 to go....

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        #4
        we have tithed 10% of our total income for over 40 years. although my suggestion to you, is if in the year you file your bk you have an unusual amount of contributions make certain you have receipts. actually, i do believe on the petition itself, there is a question about a limited amount that one donated.

        for us, we left our home and donated thousands of dollars actually to the state of nj and to the county we lived in. we had receipts from both the state and the county, which we attached to our petition..this was besides our regular church and other donations. we were in a position where we had to leave many items since they were too large to take with us, felt like selling them was too much of a burden, instead we decided to donate them and take advantage of the tax break, as of course we would no longer being getting our property taxes or mortgage interested (which was a HUGE chunk of our deductions). this worked out really well for us the year we filed.

        just do not forget to get receipts for any contribution at one time for over $250...even $200 is good. that way it cannot be questioned and if it is, you have supplied the documentation.
        8/4/2008 MAKE SURE AND VISIT Tobee's Blogs! http://www.bkforum.com/blog.php?32727-tobee43 and all are welcome to bk forum's Florida State Questions and Answers on BK http://www.bkforum.com/group.php?groupid=9

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          #5
          Originally posted by momofthree View Post
          We claimed 10% tithing, which was backed up by the last few years of tax returns. Law states that a debtor can claim up to 15% charitable contributions. As long as the history can be proven, it's a non-issue. That said, as soon as our attorney saw this on our paperwork, he asked how long we'd been doing it and if we had proof. Apparently, some people will suddenly decide to start tithing a month or two before filing, which can cause issues...
          +1 - we were told you must be able to prove tithing contributions via tax returns and/or church receipts issued yearly in order to claim it.

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