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IN RE BUREN

No. 80-5427.

725 F.2d 1080 (1984)

In re Danny Ray BUREN, Annie Laura Jones, Marian Frances Henderson, Bob Dwaine Penovich, Anetricia Katherine Woods, Guy T. and Maybelle Adelia Drake and Wallace Hornal, Debtors-Appellees, Henry E. HILDEBRAND III, Standing Trustee, Chapter XIII, Appellee, v. The SOCIAL SECURITY ADMINISTRATION, Appellant.

United States Court of Appeals, Sixth Circuit.

Decided January 23, 1984.

Attorney(s) appearing for the Case

Hal D. Hardin, U.S. Atty., Margaret M. Huff, Asst. U.S. Atty., Nashville, Tenn., Frank A. Rosenfeld, William Kanter, Linda M. Cole, argued, Civil Div., Dept. of Justice, Washington, D.C., for appellant.

C. Kinian Cosner, Jr., Nashville, Tenn., for Buren and Henderson.

Edgar M. Rothschild, Nashville, Tenn., for Jones.

Richard A. Dorris, Nashville, Tenn., for Penovich.

Ruth M. Kinnard, Nashville, Tenn., for Woods.

Robert H. Waldschmidt, Nashville, Tenn., for Drake.

Steve C. Norris, Nashville, Tenn., for Hornal.

Daniel C. Kaufman, Nashville, Tenn., Trustee.

Before KEITH and MARTIN, Circuit Judges, and ALDRICH, District Judge.

ANN ALDRICH, District Judge.

In this appeal we must determine whether the Bankruptcy Reform Act of 1978, 11 U.S.C. § 101-1330, repealed by implication the provision of the Social Security Act of 1935, barring the assignment of benefits, 42 U.S.C. § 407. The district court held that the Social Security Administration is subject to bankruptcy court income deduction orders and affirmed a ruling compelling the Administration to ignore section 407 and pay all...

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