Legal Question in Credit and Debt Law in Kentucky

are government pensions protected from garnishment?

Asked on 6/01/10, 12:38 pm

1 Answer from Attorneys

E. Brian Davis Davis Law Office

Generally speaking, the answer is yes. 11.U.S.C. Section 522(d)(10)(E). Of course, you have to be prepared to assert the exemption at the proper time and you will have a problem is you mix exempt and non-exempt money in a single account. Consult with a bankruptcy lawyer or consumer lawyer about the best way to set up your pension payments to make sure you do not inadvertently waive your exemption.

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Answered on 6/01/10, 6:24 pm

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