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IN RE McGOUGH

BAP No. CO-11-038. Bankruptcy No. 09-37932. Adversary No. 10-01910.

467 B.R. 220 (2012)

In re Scott McGOUGH and Lisa McGough, Debtors. David V. Wadsworth, Trustee, Plaintiff-Appellant, v. The Word of Life Christian Center, Defendant-Appellee.

United States Bankruptcy Appellate Panel of the Tenth Circuit.

March 14, 2012.

Attorney(s) appearing for the Case

David V. Wadsworth of Sender & Wasserman, P.C., Denver, CO, pro se.

Scott T. Rodgers ( Lee Katherine Goldstein with him on the brief) of Fairfield and Woods, P.C., Denver, CO, for Defendant-Appellee.

Before MICHAEL, THURMAN, and KARLIN, Bankruptcy Judges.

THURMAN, Bankruptcy Judge.

Can there ever be too much charity? In the bankruptcy context, Congress generally responds, "when the charity exceeds 15% of a debtor's gross annual income." How that response is to be interpreted is the subject of the present appeal. Here, the Bankruptcy Court concluded, pursuant to 11 U.S.C. § 548(a)(2)(A),1 that the trustee in bankruptcy ("Trustee") was entitled to avoid a portion of the charitable contributions...

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