The Short Answer
Yes, you can generally still tithe or give to your church after filing bankruptcy — but it depends on your history of giving and whether the amount is reasonable relative to your income. If you've been consistently donating before you filed, the trustee will typically allow those contributions to continue and you can include them in your monthly budget. If you're brand new to giving and suddenly start making large charitable contributions right around the time you file, the trustee will likely scrutinize that closely. The key is consistency and documentation.
There is no doubt about it, bankruptcy will (at least for the short term) have an effect on your everyday life where finances are concerned – from your living situation, the way your bills are paid, how you can get credit and so on and so forth; but does it also effect being able to tithe or make donations to your church?
Typically the answer is ?no, you should still be able to tithe and contribute to your church?. In your monthly budget there is a specific place for you to list the amount that you plan on giving to the church in the future. There is also an area in the petition to list all gifts/donations made to the church within one year before filing bankruptcy and that average will also be used in your means test for qualifying for the bankruptcy.
Keep in mind though, the bankruptcy Trustee will allow the tithing or charitable contributions if there is a history of giving. Let me explain why. The bankruptcy courts are worried about people who have too much disposable income each month (which could determine wither they file a Chapter 7 bankruptcy or Chapter 13 bankruptcy) all of a sudden “finding Jesus” as a way to dispose or get rid of that disposable income problem. If you have a history of giving to the church then you usually will have no problem with the bankruptcy Trustee. However, if you decide to start giving large amounts of charitable contributions to the church, for the first time, at the same time you decide to file bankruptcy the courts could have an issue with your newfound religious yearning.
If you have been tithing to the church the bankruptcy Trustee or bankruptcy courts may require a written letter from your church (or any charitable group for that matter) showing you have been giving the amounts stated in your bankruptcy petition. The bankruptcy courts also look at what percentage of your income you are giving to your church each month. Your contributions have to be within reason.
If you are someone who tithes or donates to your church on a regular basis you will need to make sure that these donations/gifts are listed in your monthly budget. Also, you may want to go ahead and gather copies of any payments you made to your church within the last year just in case they are needed or requested at a later time.
Key Takeaways
- Your bankruptcy petition includes a specific place in your monthly budget to list planned church contributions going forward.
- Charitable donations made within one year before filing must be disclosed in your petition and factor into the means test calculation.
- The trustee will generally allow tithing if you have a documented history of giving — new, large contributions made right before filing raise red flags.
- Your contributions must be reasonable as a percentage of your income; there is no hard-cut rule, but the trustee evaluates whether the amount makes sense.
- Your church may be asked to provide a written letter confirming the amounts and history of your donations if the trustee requests verification.
- Keep copies of any payments made to your church or charitable organization over the past year in case they are needed during the bankruptcy process.
Attorney Insight
The trustees here routinely flag charitable contributions that show up in a budget with zero history behind them. In nearly 30 years of practice, I've seen people genuinely want to start giving to their church right around the time they file — and I understand that, because financial hardship often deepens faith. But timing matters enormously to a trustee. If you've been giving consistently, get a letter from your church confirming it before you ever sit down at the 341 Meeting of Creditors — don't wait for the trustee to ask.
