Mooney v. Webster

HINES, Presiding Justice.

This appeal is before this Court on certified questions from the United States Court of Appeals for the Eleventh Circuit1 in a Chapter 7 bankruptcy case which raises the issue of whether Georgia law exempts the funds in a health savings account (“HSA”) from inclusion in the bankruptcy estate.

The questions certified are:(1) Does a debtor’s health savings account constitute a right to receive a “disability, illness, or unemployment benefit” for the purposes of OCGA § 44-13-100 (a) (2) (C)?(2) Does a debtor’s health savings account constitute a right to receive a…