The NACTT Academy offers a comprehensive community for bankruptcy professionals seeking to advance their education in consumer bankruptcy.
ConsiderChapter13.org offers a forum to advance continuing education of consumer bankruptcy via access to insightful articles, informative webinars, and the latest industry news. Join now to benefit from expert resources and stay informed.
These informative sessions are led by industry experts and cover a range of consumer bankruptcy topics.
Written by industry experts, these articles provide in-depth analysis and practical guidance on consumer bankruptcy topics.
The Academy is the go-to source for the latest news and analysis in the Chapter 13 bankruptcy industry.
From the Editor’s Desk – Avoidance Actions
Print This Article
Link to Post:
By The Honorable William Houston Brown (Retired)
Trustee may avoid entire charitable contribution, if it exceeds 15% of gross annual income. Under the Religious Liberty and Charitable Donation Protection Act’s safe harbor of 15% of gross annual income (GAI), charitable contributions are protected from § 548 avoidance, but The Tenth Circuit found the language of § 548(a)(2) to be plain--“[w]ithout language limiting the word ‘transfer’ to that portion of the transfer exceeding 15%, the entire transfer is avoidable.” The statute was also not absurd; “The statute establishes a bright-line rule—donations not . . .
It looks like you are not signed in or registered! This content is only available to members.
Or Sign In Below:
Related Articles
2022 Bankruptcy Procedure Year in Review: Revised Statute and Rules and Selected Cases Part 8 Selected Decisions Under Part III of the Federal Rules of Bankruptcy Procedure
Chapter 13 Discharge Expanded by COVID Relief Legislation
Small Business Reorganization Act…(“SBRA”) H.R. 3311 – Part Two
The Student Loan Solution
Tax Projections and the Means Test – Part II
Johnson Retires
Still Trying to Apply Taggart: Fourth Circuit Vacates Beckhart v. Newrez, LLC
Critical Case Comment – Fair Discrimination: A Win/Win
Meet the New Trustee
Critical Case Comment