No experience to share with that issue, but your analysis seems solid.
On Sun, Mar 25, 2012 at 11:48 AM, Steven B. Lever wrote:
> **
>
>
> I have an injured longshoreman who has a claim under the federal version
> of their workers compensation statute. Since Im a Long Beach bankruptcy
> attorney I get a lot of longshoremen, but this is my first injured one in a
> long time. ****
>
> ** **
>
> I know I am probably better off taking the 704 exemptions that the 703
> since the former allows his eventual settlement or award to be exempt to
> the extent necessary for his and his spouses maintenance and support
> instead of the set figure of 703.****
>
> ** **
>
> However, Im wondering if the federal exemption 33 U.S.C. 916 is also
> applicable. The chapter is entitled: 33 USC Chapter 18 - LONGSHORE AND
> HARBOR WORKERS COMPENSATION.****
>
> ** **
>
> The subsection of the statute Section 916 reads: No assignment, release,
> or commutation of compensation or benefits due or payable under this
> chapter, except as provided by this chapter, shall be valid, and such
> compensation and benefits shall be exempt from all claims of creditors and
> from levy, execution, and attachment or other remedy for recovery or
> collection of a debt, which exemption may not be waived.****
>
> ** **
>
> So I think this applies to prevent the Trustee from considering this an
> asset, and I can claim it in *conjunction* with the 704 exemption.****
>
> ** **
>
> Any thoughts, comments or even better, experience with this 33 U.S.C.
> 916 would be much appreciated.****
>
> ** **
>
> Steve ****
>
> ** **
>
> Law Offices of Steven B. Lever****
>
> >** **
>
> > Steven B. Lever****
>
> >( Tel. (562) 436-5456 ext. 6470****
>
> >( Fax (800) 360-5161****
>
> >*
sblever@leverlaw.com****
>
> >
www.leverlaw.com****
>
> ** **
>
> ** **
>
>
>
Kirk Brennan, esq.
California Law Office, P.C.
www.calibankruptcysite.com
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No experience to share with that issue, but your analysis seems solid.On Sun, Mar 25, 2012 at 11:48 AM, Steven B. Lever <
sblever@leverlaw.com> wrote:
I have an injured longshoreman who has a claim under the federal version of their workers compensation statute. Since Im a Long Beach bankruptcy attorney I get a lot of longshoremen, but this is my first injured one in a long time.
However, Im wondering if the federal exemption 33 U.S.C. 916 is also applicable. The chapter is entitled: 33 USC Chapter 18 - LONGSHORE AND HARBOR WORKERS COMPENSATION.
Any thoughts, comments or even better, experience with this 33 U.S.C. 916 would be much appreciated.
Law Offices of Steven B. Lever
>> Steven B. Lever
>( Tel.
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