7 U.S.C. § 1509
Exemption of indemnities from levy
Claims for indemnities under this subchapter shall not be liable to attachment, levy, garnishment, or any other legal process before payment to the insured or to deduction on account of the indebtedness of the insured or the estate of the insured to the United States except claims of the United States or the Corporation arising under this subchapter.
Notes of Decisions
Cited in 8
cases, 1985–2005 · leading case: State of Kansas, Ex Rel. Ron Todd, Comm'r of Ins. of the State of Kansas v. United States of Am., 995 F.2d 1505 (10th Cir. 1993).
State of Kansas, Ex Rel. Ron Todd, Comm'r of Ins. of the State of Kansas v. United States of Am., 995 F.2d 1505 (10th Cir. 1993). “Additionally, the indemnities were being subject to garnishment, liens, and attachments under various state laws despite the “Exemption of indemnities from levy” under 7 U.S.C. § 1509 . Kansas filed its complaint approximately eight months after • the rules took effect.”
Rolling Plains Prod. Credit Ass'n v. Cook, 169 F.3d 271 (5th Cir. 1999). “7 U.S.C. § 1509 (emphasis added). With respect to creditors, the FCIA regulations state that an interest in an insured crop existing by virtue of a lien “shall not entitle the holder of the interest to any benefit under the contract”.”
Owen v. Crop Hail Mgmt., 841 F. Supp. 297 (W.D. Mo. 1994). “See also, 7 U.S.C. § 1509 (exemption of indemnities from levy).”
In Re Rees, 216 B.R. 551 (Bankr. N.D. Tex. 1998). “7 U.S.C. § 1509 (Supp.1997). (emphasis added).”
Buttonwillow Ginning Co., a Corp. v. Fed. Crop Ins. Corp., a Corp., 767 F.2d 612 (9th Cir. 1985). “Section 509 of the Federal Crop Insurance Act, 7 U.S.C. § 1509 provides: Claims for indemnities under this chapter shall not be liable to attachment, levy, garnishment, or any other legal process before payment to the insured or to deduction on account of the indebtedness of the…”
In Re Evans, 337 B.R. 551 (Bankr. E.D.N.C. 2005). “7 U.S.C. § 1509 . Regarding preemption, the FCIA states: State and local laws or rules shall not apply to contracts, agreements, or regulations of the [FCIC] or the parties thereto to the extent that such contracts, agreements or regulations provide that such laws or rules shall…”
In Re Clark, 186 B.R. 249 (Bankr. W.D. Mo. 1995). “7 U.S.C. § 1509 (Supp.1995). 1 Section 1509, as written, makes no reference to exemptions.”
In Re Burke, 251 B.R. 720 (Bankr. D. Minn. 2000). “Specifically, the Debtors seek to exempt the proceeds under the provisions of the Federal Crop Loss Disaster Assistance Program, 7 U.S.C. § 1509 , and the regulations concerning this federal program found under 7 C.”
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