10 U.S.C. § 1440
Annuities not subject to legal process
Except as provided in section 1437(c)(3)(B) of this title, no annuity payable under this subchapter is assignable or subject to execution, levy, attachment, garnishment, or other legal process.
Notes of Decisions
Cited in 24
cases (3 in the last 5 years), 1975–2026 · leading case: Alexander v. Washington Gas Light Co., 481 F. Supp. 2d 16 (D.D.C. 2006).
Alexander v. Washington Gas Light Co., 481 F. Supp. 2d 16 (D.D.C. 2006). “§ 8470 and 10 U.S.C. § 1440 . Id. Plaintiff also filed a motion for summary judgment on April 13, 2004, reasserting his statute of limitations argument that WGL filed suit more than four years after the date of the breach of contract, which he defined as the date his first…”
In Re Meyer, 211 B.R. 203 (Bankr. E.D. Va. 1997). “The debtor's second argument is that his retired pay constitutes an “annuity" that is immune from creditor process under 10 U.S.C. § 1440 . The cited statute, however, by its express terms applies only to the "annuity” provided for in subchapter I, chapter 73, title 10, United…”
United States v. Raymond P. Novak, 476 F.3d 1041 (9th Cir. 2007). “§ 1562 (c) (Medal of Honor pensions); 10 U.S.C. §§ 1440 , 1450(i), 1460a(b) (Retired Serviceman’s Family Protection Plan, Survivor Benefit Plan, and Supplemental Survivor Benefit Plan).”
Holman v. Holman, 84 S.W.3d 903 (Ky. 2002). “(Emphasis added.) Similar, though less explicit, language in the United States Code pertaining to social security benefits, 42 U.”
In Re Marriage of Hisquierdo, 566 P.2d 224 (Cal. 1977). “He first quotes the following provision contained in section 231m: “Notwithstanding any other law of the United States, or of any State, territory, or the District of Columbia, no annuity or supplemental annuity shall be assignable or be subject to any tax or to garnishment,…”
Benn v. Cole (In Re Benn), 340 B.R. 905 (8th Cir. BAP 2006). “§ 1450 (i); military annuities, 10 U.S.C. § 1440 ; military pension benefits, 38 U.”
United States v. Jon Frank, 8 F.4th 320 (4th Cir. 2021). “See 10 U.S.C. §§ 1440 , 1450(i) (specified military pensions); 38 U.”
Ex Parte Burson, 615 S.W.2d 192 (Tex. 1981). “Nor is there a parallel in the normal military retirement statutes to the protection of family annuities clause of 10 U.S.C. § 1440 nor the protection of veterans benefits of 38 U.”
Jensen v. Zuern, 517 N.W.2d 118 (N.D. Ct. App. 1994). “* * * * * * “Plaintiff alleges that defendant Zuern violated NDCC 28-20 — Judgments & 28-22— Exemptions when he conspired with Elaine Little, Wanda Bier, Karen Halldorson, Marion Rott & Timothy Schuetzle to take monies from his prison inmate account which were deposited from a…”
In the Matter of Roy Stewart Nunnally, Bankrupt. Mary Elizabeth Nunnally, Appellant-Cross v. Roy Stewart Nunnally, Appellee-Cross, 506 F.2d 1024 (5th Cir. 1975). “10 U.S.C. § 1440 . 5 . The bankrupt can only point to former 38 U.”
Gorman v. Gorman, 90 Cal. App. 3d 454 (Cal. Ct. App. 1979). “” ( 10 U.S.C. § 1440 .) This language is virtually identical to the language found in California Government Code section 21201, which the California Supreme Court has specifically held does not preclude division upon dissolution of marriage, because a spouse claims not as a…”
Barros v. Barros, 660 P.2d 770 (Wash. Ct. App. 1983). “An annuity under either plan [Retired Serviceman's Family Protection Plan or SBP] is not "assignable or subject to execution, levy, attachment, garnishment, or other legal process.”
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