33 U.S.C. § 916
Assignment and exemption from claims of creditors
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
In Re Lawrence William Sloma, Debtor. First Bank of Linden v. Lawrence William Sloma (1995)
“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) (1987)
“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 (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. Director, Office of Workers' Compensation Programs Jones Oregon Stevedoring Co. (1998)
“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 and Isabelle Cheeseman v. Erwin B. Nachman, in Re Oliver Reginald Cheeseman and Isabelle Chees (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) (2006)
“§ 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 Division, Litton Systems, Inc. v. John H. White and Director, Office of Workers' Compensation Progr (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. (2014)
“] 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 Republic of Iran (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 Insurance Company v. Daniel R. Berube v. Nancy R. Cox, Also Known as Nancy R. Walker (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) (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 Insurance Ass'n (1977)
“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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