Legal Opinion

In the Matter of Randall B. Neavear, Debtor. Randall B. Neavear v. Richard S. Schweiker, Secretary of Health and Human Services

Court of Appeals for the Seventh Circuit

Decided April 5, 1982No. 81-1860PublishedCited by 84 opinions

1Opinion of the Court

CUDAHY, Circuit Judge.

In this appeal we are presented with a question of first impression at the federal appellate level: whether section 207 of the Social Security Act, 42 U.S.C. § 407 (1976), confers on the Social Security Administration (“SSA”) a blanket exemption from the operation of the bankruptcy laws, so that a debt owing to the SSA because of an overpayment of benefits cannot be discharged in bankruptcy. We hold that the SSA enjoys no such immunity from the bankruptcy laws and that the overpayment debt is dis-chargeable under the provisions of the Bankruptcy Reform Act of 1978, 11…

2Cases cited14 opinions

  1. McKart v. United StatesSupreme Court of the United States · 1969
  2. United States v. Munsey Trust Co.Supreme Court of the United States · 1947
  3. Parisi v. DavidsonSupreme Court of the United States · 1972
  4. Oliver Reginald Cheeseman and Isabelle Cheeseman v. Erwin B. Nachman, in Re Oliver Reginald Cheeseman and Isabelle Cheeseman, DebtorsCourt of Appeals for the Fourth Circuit · 1981
  5. In re SmithCourt of Appeals for the Seventh Circuit · 1981

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

3Cited by84 opinions

  1. United States v. Nordic Village, Inc.Supreme Court of the United States · 1992
  2. Hoffman v. Connecticut Department of Income MaintenanceSupreme Court of the United States · 1989
  3. Lee v. SchweikerCourt of Appeals for the Third Circuit · 1984
  4. In Re Computer Communications, Inc., Debtor. Computer Communications, Inc. v. Codex CorporationCourt of Appeals for the Ninth Circuit · 1987
  5. In Re National Gypsum Co.District Court, N.D. Texas · 1992

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

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