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How are medical savings accounts treated in Chapter 7?

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    How are medical savings accounts treated in Chapter 7?

    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?

    #2
    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_For...22A_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.
    I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

    06/01/06 - Filed Ch 13
    06/28/06 - 341 Meeting
    07/18/06 - Confirmation Hearing - not confirmed, 3 objections
    10/05/06 - Hearing to resolve 2 trustee objections
    01/24/07 - Judge dismisses mortgage company objection
    09/27/07 - Confirmed at last!
    06/10/11 - Trustee confirms all payments made
    08/10/11 - DISCHARGED !

    10/02/11 - CASE CLOSED
    Countdown: 60 months paid, 0 months to go

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