Massachusetts General Laws

Mass. Gen. Laws ch. 175, § 119A (2026)

Proceeds of annuity contract or policy of life insurance retained by life company; alienation, assignment, etc. by beneficiary

✓ current as of July 2026

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Section 119A. If, under the terms of any annuity contract or policy of life insurance, or under any written agreement supplemental thereto, issued by any life company, the proceeds are retained by such company at maturity or otherwise, no person entitled to any part of such proceeds, or any instalment of interest due or to become due thereon, shall be permitted to commute, anticipate, encumber, alienate or assign the same, or any part thereof, if such permission is expressly withheld by the terms of such contract, policy or supplemental agreement; and if such contract, policy or supplemental agreement so provides, no payments of interest or of principal shall be in any way subject to such person's debts, contracts or engagements, nor to any judicial processes to levy upon or attach the same for payment thereof. No such company shall be required to segregate such funds but may hold them as a part of its general corporate funds.

Notes of Decisions

Cited in 8 cases, 1988–2017 · leading case: In Re Leclair, 461 B.R. 86 (Bankr. D. Mass. 2011).

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In Re Leclair, 461 B.R. 86 (Bankr. D. Mass. 2011). · cites it 7× “She also now claims an entirely different statutory basis for exempting the annuity, Mass. Gen. Laws ch. 175 § 119A, 2 which she asserts entitles her to exempt its full value.”

In Re Sloss, 279 B.R. 6 (Bankr. D. Mass. 2002). · cites it 6× “§ 522 (b) and the somewhat arcane language of Mass. Gen. Laws ch. 175, §§ 119A, 125, and 126, substantively last amended in 1928.”

In Re McConchie, 94 B.R. 245 (Bankr. D. Mass. 1988). “, M.G.L. c. 175, § 119A (insurance proceeds not liable to “any judicial processes to levy upon or attach the same for payment_”); M.”

United States v. Shadduck, 112 F.3d 523 (1st Cir. 1997). “235, § 34A, exempts pension plan funds which do not exceed seven percent of the debtor's total income within the five-year period preceding bankruptcy, and that Mass. Gen. Laws ch. 175, § 119A, exempts insurance policies under certain conditions.”

In re May, 478 B.R. 431 (Bankr.D. Colo. 2012). “§ 40 -414a; Mass. Gen. Laws ch. 175 § 119A; Miss.Code Ann.”

In Re DeVoe, 134 B.R. 74 (Bankr. D. Mass. 1991). “176, § 22 (fraternal benefit society benefits are exempt); G.L. c. 175, § 119A (proceeds of annuity or life insurance are exempt if contract or policy so provides); G.”

In re Volk, 571 B.R. 510 (Bankr. D. Mass. 2017). “On March 13, 1995, Patricia M. Volk died. On or about October 13, 2004, the Debtor executed a Second Amendment to the Trust.”

Liberty Mut. Ins. v. Rosenthal, 204 F. Supp. 2d 140 (D. Mass. 2002). “235, § 34A, and M.G.L. c. 175, § 119A. The Court of Appeals may wish to consider authorizing this court to proceed with a decision on this issue as well, notwithstanding the pending appeal.”

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