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IN RE HODGE

No. 96-0458-E-BLW.

220 B.R. 386 (1998)

In re HODGE, Sean M. and Hodge, Debra A., husband and wife, Debtors. MAGIC VALLEY EVANGELICAL FREE CHURCH, INC., an Idaho corporation, Appellant, v. L.D. FITZGERALD, Trustee, Appellee. L.D. FITZGERALD, Trustee, Cross-Appellant, v. MAGIC VALLEY EVANGELICAL FREE CHURCH, INC., an Idaho corporation, Cross-Appellee. United States of America, Intervenor. Coalition for the Free Exercise of Religion; and the Church of Jesus Christ of Latter-Day Saints, Amici Curiae.

United States District Court, D. Idaho.

April 3, 1998.

Attorney(s) appearing for the Case

Emil F. Pike, Twin Falls, ID, Jay Alan Sekulow, American Center for Law & Justice, Virginia Beach, VA, Benjamin W. Bull, American Center for Law & Justice, Scottsdale, AZ, Barry Peters, Boise, ID, for Magic Valley Evangelical Free Church, Inc.

Daniel Carl Green, Racine, Olson, Nye, Cooper & Budge, Pocatello, ID, for L.D. Fitzgerald.

Stanley Crow, Boise, ID, for Coalition for the Free Exercise of Religion.

D. Marc Haws, Asst. U.S. Atty., U.S. Attorney's Office, Boise, ID, Martha E. Rubio, U.S. Dept. of Justice, for USA.

OPINION

WINMILL, District Judge.

In this appeal from a decision of the United States Bankruptcy Judge, the Court must consider the following issues: (1) whether the Religious Freedom Restoration Act of 1993 ("RFRA"), codified at 42 U.S.C. §§ 2000bb-2000bb-4, provides a defense to a bankruptcy trustee's action to recover, for the benefit of the bankruptcy estate, tithing payments made by Chapter 7 debtors...

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