My husband has a 100% employer funded health savings account through work. Is this going to be a problem when we file chapter 7? We do not contribute anything to it, it is all from his employer, if that makes a difference!
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Contributions are not counted against you in the means test. I contributed to mine and it was counted as a legit cost. I don't think an employer's contribution would count against you.First consult: You go now, no CH 7 for you. You spent entire buffet. 13 has a 95 percent payback. (Owwwch) On to next consult....
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I believe since you cannot get at those funds without severe penalties, that it would be treated the same as insurance proceeds. Exempt. I would not list this as any asset, but of course if you are represented ask your lawyer. It is a taxed free benefit if used for what it is designed for. 'HubIf I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.
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