IN RE NEWMAN

Bankruptcy No. 95-1228-WEB.

203 B.R. 468 (1996)

In re Paul L. NEWMAN and Myrtle Gladys Newman, Debtors. J. Michael MORRIS, Trustee, Plaintiff, v. MIDWAY SOUTHERN BAPTIST CHURCH, Defendant.

United States District Court, D. Kansas.

November 26, 1996.


Attorney(s) appearing for the Case

Edgar W. Dwire, Malone, Dwire & Jones, Wichita, KS, for Midway Southern Baptist Church.

J. Michael Morris, Klenda, Mitchell, Austerman & Zuercher, Wichita, KS, for J. Michael Morris.


Memorandum and Order

WESLEY E. BROWN, Senior District Judge.

The trustee brought an adversary complaint to recover $2,442.22 donated by the debtors, Paul and Myrtle Newman, to Midway Southern Baptist Church ("Midway"). The debtors donated the money in the year before their bankruptcy pursuant to a regular practice of tithing (i.e., giving the church approximately a tenth of their income), which they believe is a spiritual obligation of church members...

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