Submitted by Anonymous on Sat, 03/20/2010 - 08:18
Posted in
I was told there is a specific exemption for workers' compensation benefits in Massachusetts but I didn't see it listed in your thread about MA bankruptcy exemptions. Can you tell me where I can find some info about this? Thanks in advance.
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Editor's Response
You must have missed it in this post on bankruptcy exemptions in Massachusetts. Here is the text of Massachusetts General Laws Chapter 152, Section 47, which has been interpreted as creating such an exemption:
No payment shall be assignable or subject to attachment or be liable in any way for debts, except to a veteran’s agent or the commissioner of veterans’ services as and to the extent permitted by section five of chapter one hundred and fifteen and except as permitted to the department of public welfare under chapters eighteen, one hundred and seventeen, one hundred and eighteen, and the division of medical assistance under one hundred and eighteen E, and except to an obligee of support payments who is entitled to receive such payments pursuant to a support order under chapter two hundred and eight, two hundred and nine, two hundred and nine C, two hundred and seventy-three or two hundred and nine D. The division shall permit a veteran’s agent, the commissioner of veteran’s services, the department of public welfare and the division of medical assistance to inspect the records of the division to ascertain the existence of a claim for personal injuries filed with the division by any employee under this chapter and the existence of any assignment, attachment, or liability for debts permitted under the provisions of this section. This section shall prevail over sections 9-405 and 9-407 of chapter 106 to the extent, if any, that such sections might otherwise apply.
Hope that helps. However, whenever I get questions about exemptions, I always recommend that the reader at least talk to a MA bankruptcy attorney about his or her situation. In some cases, deciding whether to use the federal or state exemptions can be tricky. Good luck.