Articles Posted in Supreme Court of Georgia

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The Eleventh Circuit Court of Appeals certified two questions of Georgia law to the Georgia Supreme Court, centering on whether Georgia exempts the funds in a health savings account (HSA) from inclusion in a bankruptcy estate. Debtor Denise Mooney filed for Chapter 7 bankruptcy protection, listing a HSA on her petition, but exempting the entire amount in the account. Georgia law exempts the debtor’s right to receive “[a] disability, illness, or unemployment benefit,” and and “payment[s] under a pension, annuity, or similar plan or contract on account of illness, disability, death, age, or length of service, to the extent reasonably necessary for the support of the debtor and any dependent of the debtor.” The Chapter 7 trustee in this case objected to the HSA exemption. The Georgia Supreme Court held that an HSA did not constitute a right to receive a "disability, illness or unemployment benefit" under Georgia law, nor did it constitute a right to receive a "payment under a pension, annuity or similar plan or contract." View "Mooney v. Webster" on Justia Law