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MATTER OF BENJAMIN

No. 18-20185.

924 F.3d 180 (2019)

In the MATTER OF Kenneth Wayne BENJAMIN, Debtor Kenneth Wayne Benjamin, Appellant v. United States of America, Social Security Administration, Appellee.

United States Court of Appeals, Fifth Circuit.

FILED May 10, 2019.

Attorney(s) appearing for the Case

John Anthony Edwards Pottow , University of Michigan, School of Law, S.H. 3076, 625 S. State Street, Ann Arbor, MI 48109-1215, for Appellant.

Abby Christine Wright , Mark Bernard Stern, Esq. , U.S. Department of Justice Civil Division, Appellate Section, Room 7252, 950 Pennsylvania Avenue, N.W., Washington, DC 20530, Michael Jonathan Carey , Social Security Administration, Office of the General Counsel Region VI, Suite A-702, 1301 Young Street, Dallas, TX 75202-5433, for Appellee.

Before CLEMENT, GRAVES, and OLDHAM, Circuit Judges.

The question presented is whether 42 U.S.C. § 405(h)—which states that no claim arising under the Social Security Act can be brought under 28 U.S.C. §§ 1331 and 1346—also bars bankruptcy courts from exercising their jurisdiction under § 1334 to hear Social Security claims. The...

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