Personal injury and wrongful death actions exempt; exceptions (§ 34-28.1)—Virginia Decoded

Personal injury and wrongful death actions exempt; exceptions

Except for liens created under Article 7.1 (§ 8.01-66.2 et seq.) of Title 8.01, Article 5 (§ 54.1-3932 et seq.) of Title 54.1, and Chapter 19 (§ 63.2-1900 et seq.) of Title 63.2, all causes of action for personal injury or wrongful death and the proceeds derived from court award or settlement shall be exempt from creditor process against the injured person or statutory beneficiary as defined in Article 5 (§ 8.01-50 et seq.) of Title 8.01. It shall not be required that a householder designate any property exempt under this section in a deed in order to secure such exemption. The provisions of this section shall not be construed to affect any voluntary assignment of the proceeds or anticipated proceeds of a personal injury or wrongful death award or settlement as permitted by § 8.01-26.

History

1990, c. 942; 1991, c. 256; 1993, c. 150; 1994, c. 35; 2003, cc. 929, 942.

Download

Court Decisions

In Re Webb (District Court, E.D. Virginia, 11/06/97)
. . . federal creditor process pursuant to Virginia Code § 34-28.1., which allows exemptions for the . . .

Addison v. Reavis (District Court, E.D. Virginia, 09/03/93)
. . . exemptions enumerated in Sections 34-26, 34-27 and 34-28.1 of the Code of Virginia are listed . . .

In Re Cassell (United States Bankruptcy Court, W.D. Virginia, 02/04/93)
. . . statutory basis for the exemption was Va.Code § 34-28.1. The settlement agreement provided, among . . .

In Re Webb (United States Bankruptcy Court, E.D. Virginia, 03/25/97)
. . . claim of the type exempt under Va.Code Ann. § 34-28.1. Because the debtor's cause of action in . . .

In Re Walters (United States Bankruptcy Court, W.D. Virginia, 03/22/06)
. . . proceeds, pursuant to Code of Virginia, *608 § 34-28.1,[1] from a settlement made by the trustee in . . .

. . . In Re Eglenna F. Cassell, Debtor. Eglenna F. Cassell v. . . . (Court of Appeals for the Fourth Circuit, 05/11/94)
. . . creditor process pursuant to Va.Code Ann. Sec. 34-28.1 (Michie 1990 & Supp.1993), which . . .

In Re Carpenter (United States Bankruptcy Court, E.D. Virginia, 01/18/00)
. . . exempt pursuant to Virginia Code § 34-28.1. As noted, supra, Section 34-28.1 exempts all causes of . . .

In Re Smoot (United States Bankruptcy Court, E.D. Virginia, 09/30/99)
. . . Virginia Code Ann. Among these is Virginia Code § 34-28.1, which creates a statutory exemption for . . .

In Re Williams (United States Bankruptcy Court, E.D. Virginia, 08/09/05)
. . . 34-28.1 . . .

In Re Sherman (United States Bankruptcy Court, E.D. Virginia, 07/10/95)
. . . effectively overruled in 1990 by Va.Code.Ann. § 34-28.1, which exempts from creditor process "all . . .

Court opinions are provided by CourtListener, which is developed by the Free Law Project.