Legal Opinion

United States v. Carey (In Re Carey)

United States Bankruptcy Court, D. Kansas

Decided December 28, 1983No. 19-20237PublishedCited by 5 opinions

1Opinion of the Court

MEMORANDUM OF DECISION

JAMES A. PUSATERI, Bankruptcy Judge.

In this chapter 13 proceeding, the Social Security Administration (SSA) has filed a motion for summary judgment alleging a debt owed to it by the debtor is exempt from bankruptcy discharge.

The issue presented for determination is:

Does 42 U.S.C. § 407 exempt SSA from the operation of the Bankruptcy Code.

Briefs have been submitted and the Court is ready to rule.

FINDINGS OF FACT

The following facts are asserted by the Social Security Administration as uncontro-verted, in support of the instant motion for summary judgment:

Defendant, Charles…

2Cases cited8 opinions

  1. In the Matter of Randall B. Neavear, Debtor. Randall B. Neavear v. Richard S. Schweiker, Secretary of Health and Human ServicesCourt of Appeals for the Seventh Circuit · 1982
  2. Massachusetts v. Dartmouth House Nursing Home, Inc. (In Re Dartmouth House Nursing Home, Inc.)United States Bankruptcy Court, D. Massachusetts · 1982
  3. Rowan v. Morgan (In Re Rowan)United States Bankruptcy Court, N.D. Ohio · 1981
  4. Hawley v. United States Social Security Administration Bureau of Disability Insurance (In Re Hawley)United States Bankruptcy Court, E.D. Michigan · 1982
  5. In Re AliUnited States Bankruptcy Court, D. Kansas · 1983

3 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Hagan v. Heckler (In Re Hagan)United States Bankruptcy Court, D. Rhode Island · 1984
  2. Baker v. United States Ex Rel. United States Department of LaborDistrict Court, M.D. Florida · 1989
  3. Vazquez v. Pennsylvania, Department of Public Welfare (In Re Vazquez)United States Bankruptcy Court, E.D. Pennsylvania · 1984
  4. In Re CostUnited States Bankruptcy Court, S.D. Florida. · 1993
  5. United States v. Brown (In Re Brown)United States Bankruptcy Court, D. Kansas · 1984

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