IN RE TESSIER

Bankruptcy No. 94-31615-13.

190 B.R. 396 (1995)

In re Darrell Lee TESSIER, and Sharon Yvonne Tessier, Debtors.

United States Bankruptcy Court, D. Montana.

December 8, 1995.


Attorney(s) appearing for the Case

Nancy K. Moe, Harold V. Dye, Missoula, Montana, for the Debtors.

Doug James, Billings, Montana, Special Counsel for Debtors.

Marc D. Stern, American Jewish Congress, New York City (Oliver S. Thomas, Special Counsel, National Council of Churches, Maryville, TN, J. Brent Walker, Baptist Joint Committee on Public Affairs, Washington, DC, Steven T. McFarland, Center for Law and Religious Freedom, Christian Legal Society, Annandale, VA, Richard Stone, Aaron Raskas, Union of Orthodox Jewish Congregations of America, New York City, Michael Farris, Home School Defense Association, Paeonian Springs, VA, Samuel Rabinove, Richard Foltin, American Jewish Committee, New York City, Elliot Mincberg, People for the American Way, Washington, DC, Steven R. Shapiro, American Civil Liberties Union, New York City, David Zwiebel, Agudath Isreal, New York City, of counsel), for Amici Curiae.

Robert G. Drummond, Great Falls, Montana, Chapter 13 Standing Trustee.

Frank W. Hunger, Assistant Attorney General, Sherry Scheel Matteucci, United States Attorney, Victoria L. Francis, Assistant U.S. Attorney, Billings, Montana, Dennis G. Linder, Theodore C. Hirt, Janis C. Kestenbaum, U.S. Department of Justice, Civil Division, Washington, DC, for United States.


ORDER

JOHN L. PETERSON, Chief Judge.

In this Chapter 13 case, Debtors Darrell Lee Tessier and Sharon Young Tessier ("the Tessiers") filed on February 28, 1995, a Chapter 13 Plan ("the Plan") which included a charitable contribution to their church of $100.00 per month. The Chapter 13 Trustee ("the Trustee") objected to the Plan on June 26, 1995, for, inter alia, not committing 100% of the Tessiers' disposable income to the Plan, as required for confirmation...

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