U.S. Code » Title 33 » Chapter CHAPTER 18— LONGSHORE AND HARBOR WORKERS’ COMPENSATION

33 U.S.C. § 916

Assignment and exemption from claims of creditors

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No assignment, release, or commutation of compensation or benefits due or payable under this chapter, except as provided by this chapter, shall be valid, and such compensation and benefits shall be exempt from all claims of creditors and from levy, execution, and attachment or other remedy for recovery or collection of a debt, which exemption may not be waived.

Notes of Decisions
Cited in 46 cases (2 in the last 5 years), 1929–2023 · leading case: In Re Lawrence William Sloma, Debtor. First Bank of Linden v. Lawrence William Sloma, 43 F.3d 637 (1st Cir. 1995).
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In Re Lawrence William Sloma, Debtor. First Bank of Linden v. Lawrence William Sloma, 43 F.3d 637 (1st Cir. 1995). · cites it 3× “To determine the validity of this assignment, we must focus on the proper interpretation of 33 U.S.C. § 916 of the Long-shore and Harbor Workers’ Act, which provides: No assignment, release, or commutation of compensation or benefits due or payable *640 under this chapter,…”
Meadows v. Meadows (In Re Meadows), 75 B.R. 695 (Bankr. N.D. Tex. 1987). · cites it 5× “On September 10, 1986, the Debtor filed for protection under the Bankruptcy Code claiming that all remaining net proceeds of his suit were exempt pursuant to 33 U.S.C. § 916 of the Longshoremen’s and Harbor Workers’ Compensation Act.”
In Re Alan David Lichstrahl, Debtor. Alan David Lichstrahl v. Bankers Trust, 750 F.2d 1488 (11th Cir. 1985). “§§ 729 , 2265; Longshoremen’s and Harbor Workers’ Compensation Act death and disability benefits, 33 U.S.C. § 916 ; Railroad Retirement Act annuities and pensions, 45 U.”
Raymond v. Moyle v. Dir., Off. of Workers' Comp. Programs Jones Oregon Stevedoring Co., 147 F.3d 1116 (9th Cir. 1998). · cites it 2× “Moyle challenged the garnishment as prohibited by the Longshore and Harbor Workers’ Compensation Act, 33 U.S.C. § 916 (“LHWCA Anti-Alienation provision”).”
Oliver Reginald Cheeseman & Isabelle Cheeseman v. Erwin B. Nachman, in Re Oliver Reginald Cheeseman & Isabelle Cheeseman, Debtors, 656 F.2d 60 (4th Cir. 1981). “§ 601 ; and death and disability benefits under the Longshoremen’s & Harbor Workers’ Compensation Act, 33 U.S.C. § 916 . See H.R.Rep. No.595, 95th Cong.”
Benn v. Cole (In Re Benn), 340 B.R. 905 (8th Cir. BAP 2006). · cites it 2× “§ 8346 ; — Longshoremen's and Harbor Worker's Compensation Act death and disability benefits, 33 U.S.C. § 916 ; — Railroad Retirement Act annuities and pensions, 45 U.”
Ingalls Shipbuilding Div., Litton Sys., Inc. v. John H. White & Dir., Off. of Workers' Comp. Programs, U. S. Dep't of Labor, 681 F.2d 275 (5th Cir. 1982). “§ 915 (b), and assignment, 33 U.S.C. § 916 , of LHWCA claims, except as permitted by other sections of the Act.”
Uveges, B. v. Uveges, S., 103 A.3d 825 (Pa. Super. Ct. 2014). · cites it 2× “] WHETHER THE TRIAL COURT COMMITTED AN ERROR OF LAW IN ORDERING THAT ANY OR ALL OF [HUSBAND’S] MONTHLY INDEMNITY BENEFITS PAYABLE UNDER AND PURSUANT TO THE DICTATES OF THE [LHWCA] IS *828 SUBJECT TO ATTACHMENT, WHEN SAME IS SPECIFICALLY PRECLUDED PURSUANT TO 33 U.S.C. § 916 ?…”
Rubin v. the Islamic Repub. of Iran, 456 F. Supp. 2d 228 (D. Mass. 2006). “”); 33 U.S.C. § 916 ("No assignment, release, or commutation of compensation or benefits due or payable under this chapter, except as provided by this chapter, shall be valid, and such compensation and benefits shall be exempt from all claims of creditors and from levy,…”
First Colony Life Ins. Co. v. Daniel R. Berube v. Nancy R. Cox, Also Known as Nancy R. Walker, 130 F.3d 827 (1st Cir. 1997). “1995) (assignment of monthly payments received under annuity purchased as award to injured employee not prohibited under Longshore and Harbor Workers’ Compensation Act, 33 U.S.C. § 916 ). Berube’s reliance on In re Delgado, 967 F.”
Barr v. Hinshaw (In Re Hinshaw), 23 B.R. 233 (Bankr. D. Kan. 1982). “§§ 729 , 2265; —Longshoremen’s and Harbor Workers’ Compensation Act death and disability benefits, 33 U.S.C. § 916 ; —Railroad Retirement Act annuities and pensions, 45 U.”
Johnson v. Texas Employers Ins. Ass'n, 558 S.W.2d 47 (Tex. App. 1977). · cites it 2× “I note, in passing, that LHWCA also has an exemption of benefits from claims of creditors [ 33 U.S.C.A. § 916 (1970) ] but I have found no cases which discuss the question.”
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