Mooney v. Webster

Debtor filed a petition for Chapter 7 bankruptcy and claimed the assets in her health savings account (HSA) as property exempt from the bankruptcy estate. On appeal, the court certified the following questions to the Supreme Court of Georgia: 1. Does a debtor’s health savings account constitute a right to receive a “disability, illness, or unemployment benefit” for the purposes of O.C.G.A. 44–13–100(a)(2)(C)? 2. Does a debtor’s health savings account constitute a right to receive a “payment under a pension, annuity, or similar plan or contract” for the purposes of O.C.G.A. 44–13–100(a)(2)(E)? Because the Supreme Court of Georgia answered both questions in the negative, debtor's arguments on appeal are foreclosed. The court concluded that, under Georgia law, debtor was not entitled to claim the assets in her HSA as property exempt from the bankruptcy estate. The court affirmed the judgment. View "Mooney v. Webster" on Justia Law