Los Angeles, CA asked in Bankruptcy, Criminal Law and Federal Crimes for California

Q: What non bankruptcy codes can be used for exemptions in ch 13? For example, if the debt arose from a federal crime.

are there any other codes other than 703 and 704 and the federal codes listed?

3 Lawyer Answers
Timothy Denison
Timothy Denison
Answered
  • Criminal Law Lawyer
  • Louisville, KY

A: The state exemptions where the bankruptcy is filed if they are permitted in that jurisdiction.

Peter Maurice Lively
Peter Maurice Lively
Answered
  • Bankruptcy Lawyer
  • Culver City, CA
  • Licensed in California

A: Some of the items that may be exempted under Federal laws other than title 11 include:

Foreign Service Retirement and Disability payments, 22 U.S.C. 1104;

Social security payments, 42 U.S.C. 407;

Injury or death compensation payments from war risk hazards, 42 U.S.C. 1717;

Wages of fishermen, seamen, and apprentices, 46 U.S.C. 601;

Civil service retirement benefits, 5 U.S.C. 729, 2265;

Longshoremen’s/Harbor Workers’ Compensation Act death and disability benefits, 33 U.S.C. 916;

Railroad Retirement Act annuities and pensions, 45 U.S.C. 228 (L);

Veterans benefits, 45 U.S.C. 352 (E);

Special pensions paid to winners of the Congressional Medal of Honor, 38 U.S.C. 3101; and

Federal homestead lands on debts contracted before issuance of the patent, 43 U.S.C. 175.

Dale S. Gribow
Dale S. Gribow
Answered
  • Criminal Law Lawyer
  • Palm Desert, CA
  • Licensed in California

A: you posted this on a criminal site and most criminal lawyers do NOT do BK work.

however, it looks like some of my brethren have responded with suggestions.

prepare a summary and request a consultation with a BK lawyer.

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