42 U.S.C. § 1717
Assignment of benefits; execution, levy, etc., against benefits
The right of any person to any benefit under subchapter I shall not be transferable or assignable at law or in equity except to the United States, and none of the moneys paid or payable (except money paid hereunder as reimbursement for funeral expenses or as reimbursement with respect to payments of workmen’s compensation or in the nature of workmen’s compensation benefits), or rights existing under said subchapter, shall be subject to execution, levy, attachment, garnishment, or other legal process or to the operation of any bankruptcy or insolvency law.
Notes of Decisions
Cited in 28
cases (2 in the last 5 years), 1980–2023 · leading case: In Re Alan David Lichstrahl, Debtor. Alan David Lichstrahl v. Bankers Trust
In Re Alan David Lichstrahl, Debtor. Alan David Lichstrahl v. Bankers Trust (1985)
“§ 407 ; Injury or death compensation payments from war risk hazards, 42 U.S.C. § 1717 ; Wages of fishermen, seamen, and apprentices, 46 U.”
In the Matter of Randall B. Neavear, Debtor. Randall B. Neavear v. Richard S. Schweiker, Secretary of Health and Human S (1982)
“§ 3101 (1976); 42 U.S.C. § 1717 (1976). Other statutes that expressly conferred on government agencies in their role as creditors an exemption from discharges in bankruptcy, however, were repealed when the Bankruptcy Code was enacted.”
Oliver Reginald Cheeseman and Isabelle Cheeseman v. Erwin B. Nachman, in Re Oliver Reginald Cheeseman and Isabelle Chees (1981)
“§ 407 ; injury or death compensation payments from war risk hazards, 42 U.S.C. § 1717 ; wages of fishermen, seamen, and apprentices, 46 U.”
Benn v. Cole (In Re Benn) (2006)
“§ 407 ; injury or death compensation payments from war risk hazards, 42 U.S.C. § 1717 ; wages of fishermen, seamen, and apprentices, 46 U.”
In re Franklin (2014)
“The Court is aware of a similar provision in only one other federal statute, 42 U.S.C. § 1717 , which provides that benefits for injury or death of employees of U.”
In Re Howell (1980)
“See, for example, 42 U.S.C. § 1717 protecting injury and death benefits; 38 U.”
Barr v. Hinshaw (In Re Hinshaw) (1982)
“§ 407 ; —Injury or death compensation payments from war risk hazards, 42 U.S.C. § 1717 ; —Wages of fishermen, seamen, and apprentices, 46 U.”
Parkinson v. Bradford Trust Co. of Boston (In Re O'Brien) (1985)
“§ 407 ; [i]njury or death compensation payments from war risk hazards, 42 U.S.C. § 1717 ; [w]ages of fishermen, seamen, and apprentices, 46 U.”
In Re Buren (1980)
“See, for example, 42 U.S.C. § 1717 protecting injury and death benefits; 38 U.”
State Ex Rel. Nixon v. McClure (1998)
“§ 407 applies to social security benefits, and 42 U.S.C.A. § 1717 deals with disability payments made to employees of U.”
In Re Pritchard (1987)
“”); 42 U.S.C. § 1717 (War Hazards compensation payments shall not ".”
In re Smith (1981)
“§ 407 ; Injury or death compensation payments from war risk hazards, 42 U.S.C. § 1717 ; Wages of fishermen, seamen, and apprentices, 46 U.”
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