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Hospital Sent Me To Collections.

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    #16
    Originally posted by joshuagraham View Post
    I'm wondering if an HSA is confiscatable in Chapter 7.
    Florida specifically protects HSA and other healthcare accounts under Florida Statute (F.S.) 222.22(2). Unfortunately, most other States do not have such protection and the Federal bankruptcy exemptions do not create an exception for these types of medical savings accounts.

    F.S. 222.22 Exemption of assets in qualified tuition programs, medical savings accounts, Coverdell education savings accounts, and hurricane savings accounts from legal process.— ... (2) Moneys paid into or out of, the assets of, and the income of a health savings account or medical savings account authorized under ss. 220 and 223 of the Internal Revenue Code of 1986, as amended, are not liable to attachment, levy, garnishment, or legal process in this state in favor of any creditor of or claimant against any account participant, purchaser, owner or contributor, or account beneficiary.
    (It's even exempt from "any" legal process. No one can get to it.)
    Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
    Status: (Auto) Discharged and Closed! 5/10
    Visit My BKForum Blog: justbroke's Blog

    Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

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