In Re Baxter

MEMORANDUM

RALPH H. KELLEY, Bankruptcy Judge.

This court has previously held that the anti-assignment statute in the Social Security Act does not make a social security recipient ineligible for relief under Chapter 13 of the Bankruptcy Code and does not prevent the bankruptcy court from ordering the Social Security Administration (SSA) to send part of a recipient’s benefits to the Chapter 13 trustee. In re Hughes, 7 B.R. 791, 7 B.C.D. 12 (Bkrtcy.E.D.Tenn.1980).

All the courts that have considered the question have agreed that the anti-assignment statute was “implicitly repealed” to the extent…