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415-362-0449
Modesto
209-521-8100

Military, Veterans and Other Overlooked Exemptions

Did you know that a military soldier's deposits to savings accounts while on permanent duty abroad are fully exempt?  10 U.S.C. §1035(d) provides that:
An amount deposited under this section, with interest thereon, is exempt from liability for the member’s debts, including any indebtedness to the United States or any instrumentality thereof, and is not subject to forfeiture by sentence of a court-martial.
Did you know that a creditor can only recover $1.00 from a seaman on a voyage?  46 U.S.C. § 11111 provides that:
When a seaman is on a voyage on which a written agreement is required under this part, not more than $1 is recoverable from the seaman by a person for a debt incurred by the seaman during the voyage for which the seaman is signed on until the voyage is ended.
There are many miscellaneous non-bankruptcy federal exemptions that are often overlooked but can be of critical importance to military personnel, sailors, veterans, civil servants, railroad workers, Native American tribes and others.  The following chart of such miscellaneous exemptions is provided for your education and convenience.
 
Miscellaneous Non-Bankruptcy Federal Exemptions
Asset
Exemption
Amount
Civil service employees’ retirement benefits
5 U.S.C. § 8346
Unlimited
Foreign service employees’ retirement benefits
22 U.S.C. § 4060(c)
Unlimited
Military service employees’ retirement benefits
10 U.S.C. § 1440
Unlimited
Railroad workers’ retirement benefits
45 U.S.C. § 231m
Unlimited
Social Security benefits
42 U.S.C. § 407
Unlimited
Veteran's benefits
38 U.S.C. § 5301
Unlimited
Central Intelligence Agency (CIA) employees’ retirement benefits
50 U.S.C. § 2094
Unlimited
Military Medal of Honor Roll pensions
38 U.S.C. § 1562(c)
Unlimited
Military service survivor’s benefit
10 U.S.C. § 1450(i)
Unlimited
Survivor’s benefits for federal judges and certain other judicial employees
28 U.S.C. § 376(n)
Unlimited
Lighthouse workers survivor’s benefits
33 U.S.C. § 775
Unlimited
Government employees’ death and disability benefits
5 U.S.C. § 8130
Unlimited
Longshoremen, harbor workers’ death and disability benefits
33 U.S.C. § 916
Unlimited
War, risk, hazard, death, or injury compensation
42 U.S.C. § 1717
Unlimited
Military deposits to savings accounts while on permanent duty abroad
10 U.S.C. § 1035(d)
Unlimited
Wages (with exceptions for domestic support, bankruptcy and taxes)
15 U.S.C. § 1673
Greater of 75% of earned but unpaid wages; or
 
30 times the federal minimum wage
Indian [sic] land sale or lease proceeds (Secretary of the Interior can consent to exceptions)
25 U.S.C. § 410
Unlimited
Klamath tribe judgment funds (with exceptions for debts owed to U.S.)
25 U.S.C. §§ 543 & 545
Unlimited
Military group life insurance (with certain exceptions for taxes)
38 U.S.C. § 1970(g)
Unlimited
Railroad workers' unemployment benefits
45 U.S.C. § 352(e)
Unlimited
Seamen's clothing (fine for person detaining a seaman’s clothing)
46 U.S.C. § 11110
Unlimited
Debts of a seaman incurred while on a voyage (amount recoverable is limited to $1.00)
46 U.S.C. § 11111
Unlimited
Seamen & fishermen wages (with exceptions for spousal or child support)
46 U.S.C. § 11109
Unlimited
Serviceman's Group Life Insurance or Veteran's Group Life Insurance
38 U.S.C. § 1970(g)
Unlimited

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Phone: 415-362-0449
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914 Thirteenth Street
Modesto, CA 95354

Phone: 209-521-8100
Fax: 209-236-0172
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