How are medical savings accounts treated in Chapter 7? [Archive]

Kansas1960

01-10-2009, 06:02 AM

The new year has started and I bumped up my payroll deductions from 2K to 3K for the year . How does the Trustee treat this savings account? Is it an asset? I have 3K to use but have only paid in 1 paychecks worth. I could use up the whole 3K with needed dental work this month. I still have glasses and contacts for my family (4 people) to buy and my monthly perscriptions are 100 a month. I want to save some of the money so I can use it after BK this July for Dr. visits and lab work etc. Any advice on how to allocate spending from others who have gone through BK? I would hate to BK my dentist for 3,000 but wife and I both have crowns and an implant to fix. Would the trustee ding me if I didn't use the whole 3k and saved that for glasses for the kids and perscriptions and Dr. visits?

lrprn

01-10-2009, 06:58 AM

On Ch 7 Form B22A, Part V: Calculation of Deductions Allowed, your Health Savings Account monthly costs will be included on Line 34, section C. See the latest B22A form at http://www.uscourts.gov/rules/BK_Forms_08_Official/B_022A_0108v2.pdf . The key here is whether your trustee will feel that $3K/year is "reasonable" as is stated on the form. Check with your lawyer to get the scoop for what to expect with an HSA in your local court.



	Bankruptcy Forum > Before the Discharge > Chapter 7 > How are medical savings accounts treated in Chapter 7? PDA How are medical savings accounts treated in Chapter 7? Kansas1960 01-10-2009, 06:02 AM The new year has started and I bumped up my payroll deductions from 2K to 3K for the year . How does the Trustee treat this savings account? Is it an asset? I have 3K to use but have only paid in 1 paychecks worth. I could use up the whole 3K with needed dental work this month. I still have glasses and contacts for my family (4 people) to buy and my monthly perscriptions are 100 a month. I want to save some of the money so I can use it after BK this July for Dr. visits and lab work etc. Any advice on how to allocate spending from others who have gone through BK? I would hate to BK my dentist for 3,000 but wife and I both have crowns and an implant to fix. Would the trustee ding me if I didn't use the whole 3k and saved that for glasses for the kids and perscriptions and Dr. visits? lrprn 01-10-2009, 06:58 AM On Ch 7 Form B22A, Part V: Calculation of Deductions Allowed, your Health Savings Account monthly costs will be included on Line 34, section C. See the latest B22A form at http://www.uscourts.gov/rules/BK_Forms_08_Official/B_022A_0108v2.pdf . The key here is whether your trustee will feel that $3K/year is "reasonable" as is stated on the form. Check with your lawyer to get the scoop for what to expect with an HSA in your local court.