Reference

Reference sources: (warning: material may not be current, complete or accurate, as information is for research and reference purposes only).

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Social Security Income:

Can social security be garnished?  see Compilation of the Social Security Laws

While benefits are protected in most cases, there are four exceptions to this law.

1.  Social Security benefits can be garnished to collect child support or alimony.

2.  Social Security benefits can be garnished to collect unpaid federal taxes.  The IRS can garnish up to 15 percent on monthly benefit.

3.  Recipients of Social Security benefits can elect to have their benefits garnished by the IRS to cover future tax liability.

4.  Other Federal agencies, such as the FTB, can garnish your social security to collect on a debt owed to that Federal agency.

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Hearings

Eastern District Local Rule 9014-1 (f) – amount of notice

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Motion for Relief from Stay

11 USC 362

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Motion to Compel Abandonment

Title 11, U.S. Code §554(a), the Trustee may abandon any property of the estate that is burdensome or of inconsequential value and benefit to the estate. 

Federal Rule of Bankruptcy Proceeding 6007(b) permits a party in interest, including the Debtor, to file a motion seeking to compel the Trustee to abandon any property of the estate. 

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Motion to Redeem Property

File a motion to abandon first.

Rule 6008 Federal Rules of Bankruptcy Procedure – motion to redeem

11 USC 722 – motion to redeem

11 USC 522 exempted or  11 USC 554  & Federal Rules of Bankruptcy procedure 6007(b) abandoned

11 USC 506(a) – valuation standards

806(17) Federal Rule of Evidence – acceptable evidence / exclusion from hearsay

Eastern District Local Rule 9014-1 (f) – amount of notice

Related cases of interest: 

In re Thayer, 98 B.R. 748 (BK W.D.V.A. 1989)

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Residency

11 U.S.C. 552(b)(3)(A)

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Bonuses / Commissions / Insurance Renewals

Related cases of interest: 

In re Wu

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The information on this website is not intended as legal advice, does not imply an attorney client relationship, and you should consult with a professional or attorney regarding the details of your own personal facts and financial situation. Further the information is not warranted to be complete, accurate, or current. Also, it may contain personal opinion.