| That code refers to Fraternal Society benefits.. is that the source of your disability income ? Either way, the bankrtupcy exemptions specifically states under Insurance that "Disability or illness benefits" 26-2-110 and "Fraternal benefit society benefits" 26-2-111 are EXEMPT in bankrupty and would therefore also be exempt from judgment.
26-2-110:
"(a) There shall be exempt from the claims of all creditors, and from execution, attachment, or garnishment, any sum or sums of money which may hereafter become due and payable to any person, who is a resident and citizen of this state, from any insurance company or other insurer, under the terms and provisions of any contracts of accident, health, or disability insurance insuring the assured against loss by reason of accidental personal injuries, or insuring the assured against loss by reason of physical disability resulting from disease."
26-2-111:
"In addition to the property exempt under § 26-2-103, the following shall be exempt from execution, seizure or attachment in the hands or possession of any person who is a bona fide citizen permanently residing in Tennessee:
(1) The debtor's right to receive:
(A) A social security benefit, unemployment compensation, a Families First program benefit or a local public assistance benefit;
(B) A veterans' benefit;
(C) A disability, illness, or unemployment benefit, or a pension that vests as a result of disability; "
It seems pretty clear to me that the Statutes protect your disability income no matter what.
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"Knowledge is Power - use it as you see fit !
I am not a lawyer or a member of the legal profession. My advice is based on research and experience, my own and others, some who practice law. You decide for yourself what actions you do or do not take from my advice.
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01-09-2003, 04:07 PM
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