MICHIGAN EMPLOYMENT SECURITY ACT
Act 1 of 1936 (Ex. Sess.)
421.30 Benefits inalienable.
Sec. 30.
Benefits inalienable. All rights to benefits shall be absolutely inalienable by any assignment, sale, garnishment, execution or otherwise, and, in case of bankruptcy, the benefits shall not pass to or through any trustees or other persons acting on behalf of creditors: Provided, That this section shall not prohibit the use of any remedy provided by law insofar as the collection of obligations incurred for necessaries furnished to the recipient of such benefits or his dependents during the time when such individual was unemployed is concerned.
History: 1936, Ex. Sess., Act 1, Imd. Eff. Dec. 24, 1936 ;-- CL 1948, 421.30
Notes of Decisions
Cited in
6
cases (
1 in the last 5 years), 1977–2021 · leading case:
In Re Jenkins, 58 B.R. 702 (Bankr. W.D. Mich. 1986).
In Re Jenkins, 58 B.R. 702 (Bankr. W.D. Mich. 1986).
· cites it 4× “§ 1325 (c) which provides that: [a]fter confirmation of a plan, the court may order any entity from whom the debtor receives income to pay all or any part of such income to the trustee.”
Michigan Emp. Sec. Comm'n v. Jenkins, 64 B.R. 195 (W.D. Mich. 1986).
· cites it 2× “§ 421.30. He concluded that pursuant to the Supremacy Clause of the United States Constitution, the Michigan anti-assignment statute could not restrict his authority under section 1325(c).”
Causley v. LaFreniere, 259 N.W.2d 445 (Mich. Ct. App. 1977).
“MCLA 421.30; MSA 17.532, MCLA 400.63; MSA 16.”
Plymouth Stamping v. Lipshu, 461 N.W.2d 859 (Mich. 1990).
“See, generally, MCL 421.30; MSA 17.532 (inalienability of benefits), and MCL 42Í.”
Oak Park Educ. Ass'n v. Oak Park Bd. of Educ., 132 Mich. App. 680 (Mich. Ct. App. 1984).
· cites it 2× “MCL 421.30; MSA 17.532 provides that unemployment compensation benefits are absolutely inalienable by "any assignment * * * or otherwise”.”
Dock Farish v. Dep't of Talent & Econ. Dev., 971 N.W.2d 1 (Mich. Ct. App. 2021).
“However, we remanded for the court to consider certain administrative guidance promulgated by the United States Department 1 MCL 421.30 provides: All rights to benefits shall be absolutely inalienable by any assignment, sale, garnishment, execution or otherwise, and, in case of…”
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