Supreme Court of the United States · Official docket →
Jon Lawrence Frank v. United States
Paid petition · United States Court of Appeals for the Fourth Circuit, No. 22-6806 · judgment February 7, 2023
Before the decision, roughly the 4.1% base rate. The model weighted this up for a circuit split argued in the petition, a dissent in the court below (flagged in the petition), and a Fourth Circuit decision below.
Questions presented
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Whether the Employee Retirement Income Security Act, pursuant to which retirement plan benefits “may not be assigned or alienated,” 29 U.S.C. § 1056(d)(1), precludes the government from garnishing an individual’s 401(k) plan account to satisfy a restitution order under the Mandatory Victims Restitution Act.
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Whether a lump-sum distribution from a 401(k) plan account constitutes “earnings” subject to the 25 percent cap on garnishment under the Consumer Credit Protection Act, 15 U.S.C. §§ 1672(a), 1673(a).
Counsel of record
For petitioner
Patrick L. Bryant
Office of the Federal Public Defender
For respondent
Elizabeth B. Prelogar
Solicitor General
Proceedings
- Oct 02 2023Petition DENIED.
- Jun 21 2023DISTRIBUTED for Conference of 9/26/2023.
- Jun 15 2023Waiver of right of respondent United States of America to respond filed.
- Jun 07 2023Petition for a writ of certiorari filed. (Response due July 10, 2023)
- Apr 06 2023Application (22A876) granted by The Chief Justice extending the time to file until June 7, 2023.
- Apr 04 2023Application (22A876) to extend the time to file a petition for a writ of certiorari from May 8, 2023 to June 7, 2023, submitted to The Chief Justice.