Seventh Circuit: Official Committee of Unsecure v. Jerome Listecki

Catholic Archdiocesan bankruptcy / RFRA

RFRA does not apply where the government is not a party to the action, as the statute specifically requires the government to make a showing as to means narrowing.

Committee of creditors does not act under the color of state law.

Fact that Archdiocese was haled into court insufficient to establish as color of state law.  (Court holds that S1983 standard parallels RFRA.)

Avoiding pre-petition transfer of funds to cemetery fund is a sufficiently narrowly tailored implementation of a neutral policy of general applicability.

Failure to recuse was problematic.


Official Committee of Unsecure v. Jerome Listecki