Legal Opinion

In re Giacometto

Montana Supreme Court

Decided June 29, 2017No. OP 16-0709PublishedCited by 2 opinions

1Opinion of the CourtChief Justice McGRATH

¶1 This is an original proceeding on a certified question from the United States Bankruptcy Court, the Honorable Ralph B. Kirscher, Bankruptcy Judge. The certified question is:

Whether, under Montana’s liberal construction of exemptions, Debtor may claim an exemption in a health savings account (HSA) pursuant to § 25-13-608(l)(d) or (f), MCA.

We answer that question “yes»” the Debtor may claim an exemption for a health savings account under Montana law within the constraints imposed by the statute.

¶2 The undisputed facts of this matter, supplied by the Bankruptcy *83Court, are as follows:

1. The…

2Cases cited6 opinions

  1. Hitt v. Glass (In Re Glass)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1994
  2. MacDonald v. MercillMontana Supreme Court · 1986
  3. Ferguson v. SpeithMontana Supreme Court · 1893
  4. In re Case No. 00-33150-7, ZimmermannMontana Supreme Court · 2002
  5. In Re ArcherMontana Supreme Court · 2006

1 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. Cynthia VoisineUnited States Bankruptcy Court, D. Maine · 2019
  2. Matter of John Charles GiacomettoMontana Supreme Court · 2017

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