Section 6.35 Immunity for Charitable Gifts

• Library: Bankruptcy Practice (2007 Ed. + 2015 Cum Supp)

H. (§6.35) Immunity for Charitable Gifts

In 1998, 11 U.S.C. § 548 was amended with the adoption of the Religious Liberty and Charitable Donation Protection Act of 1998, Pub. L. No. 105-183, 112 Stat. 517. The amendment provides that trustees are not allowed to challenge a good faith charitable contribution as a fraudulent transfer. The definitions for “charitable contribution” and “qualified religious or charitable entity or organization” are contained in the Internal Revenue Code. Section 548(d)(3) and...