IN RE CAREY

Bankruptcy No. 83-40519, Adv. No. 83-0321.

36 B.R. 194 (1983)

In re Charles Lee CAREY, Jr. a/k/a Charles L. Carey, Jr. f/d/b/a Mobile Home & RV Repair, Debtor. UNITED STATES of America, Plaintiff, v. Charles Lee CAREY, Jr., Defendant.

United States Bankruptcy Court, D. Kansas.

December 28, 1983.


Attorney(s) appearing for the Case

Russell Kaufman, Asst. U.S. Atty., D. Kan., Kansas City, Kan., Kimberly J. Hensel, Kansas City, Mo., and Paul P. Cacioppo, Regional Atty., Region VII, Dept. of Health and Human Resources, Kansas City, Mo., for SSA.

Frederick J. Patton, Topeka, Kan., for debtor.


MEMORANDUM OF DECISION

JAMES A. PUSATERI, Bankruptcy Judge.

In this chapter 13 proceeding, the Social Security Administration (SSA) has filed a motion for summary judgment alleging a debt owed to it by the debtor is exempt from bankruptcy discharge.

The issue presented for determination is:

Does 42 U.S.C. § 407 exempt SSA from the operation of the Bankruptcy Code.

Briefs have been submitted and the Court is ready to rule.

Let's get started

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