"Many who practice their faith and believe that they are bound by creed to tithe a portion of their income will find that Congress effectively decided that what credit cards want is more important than the deeply personal religious practices of Americans," said Sommer, who added that the new law places credit card companies over churches.

But Mark Swan, a Salt Lake attorney who represents creditors, said the New York ruling will have little effect on unsecured creditors — like credit card companies — in recouping more money from debtors.

"Unsecured creditors are only going to get cents on the dollar," Swan said. "They usually don't have enough of an economic interest to be waging these kinds of battles and nitpicking at these plans."

Swan said he believes bankruptcy filers have a duty to pay their creditors first.

"I don't think God expects us to cheat our neighbors to accomplish His means," Swan said. "It is somewhat hypocritical to tell someone you're going to stop paying them to pay God."

In the New York case, the debtors, Frank and Patricia Diagostino, filed for chapter 13 bankruptcy protection on March 1. In their paperwork, the debtors listed a monthly expense of $100 for "continued charitable contributions." The bankruptcy trustee objected to the contributions on the basis they were not allowed under a so-called "means test."

By not allowing the couple's $100 monthly charitable contribution, the amount of income available to unsecured creditors increased by roughly $6,000. Because the Diagostinos made more than the state's median income level, the 2005 bankruptcy law prohibited the payment of charitable contributions. Had the couple made less than the state's median income, they would have been allowed to make the contributions.

"Whether tithing is or is not reasonable for a debtor in bankruptcy is for Washington to decide," the judge ruled. "However, consistency and logic would demand the same treatment of all debtors."

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