Legal Opinion

Silliman v. Cassell

Supreme Court of Georgia

Decided February 18, 2013No. S12Q1936PublishedCited by 15 opinions

1Opinion of the Court

THOMPSON, Presiding Justice.

In this case involving the interpretation of OCGA § 44-13-100 (a) (2) (E)1 and the exemption of an annuity from a debtor’s bankruptcy estate, the United States Court of Appeals for the Eleventh Circuit certified the following questions to this Court: (1) is a single-premium fixed annuity purchased with inherited funds an “annuity” for purposes of OCGA § 44-13-100 (a) (2) (E); and (2) is a debtor’s right to receive a payment from an annuity “on account of . . . age” for the purposes of OCGA § 44-13-100 (a) (2) (E) if the annuity payments are subject to age-based…

2Cases cited7 opinions

  1. Marrama v. Citizens Bank of Mass.Supreme Court of the United States · 2007
  2. Rousey v. JacowaySupreme Court of the United States · 2005
  3. Slakman v. Continental Casualty Co.Supreme Court of Georgia · 2003
  4. Andersen v. Ries (In Re Andersen)United States Bankruptcy Appellate Panel for the Eighth Circuit · 2001
  5. In Re MichaelUnited States Bankruptcy Court, N.D. Georgia · 2005

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

3Cited by15 opinions

  1. Thomas J. McFarland v. A. Stephenson WallaceCourt of Appeals for the Eleventh Circuit · 2015
  2. Mooney v. WebsterSupreme Court of Georgia · 2016
  3. Res-Ga Gold, LLC v. Cherwenka (In re Cherwenka)United States Bankruptcy Court, N.D. Georgia · 2014
  4. Estate of Phyllis Malkin v. Wells Fargo Bank, NACourt of Appeals for the Eleventh Circuit · 2021
  5. Grange Mutual Casualty Company v. Boris WoodardCourt of Appeals for the Eleventh Circuit · 2016

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

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