Robert B. Silliman v. Lou Ann Cassell

U.S. Court of Appeals for the Eleventh Circuit March 22, 2013

Robert B. Silliman v. Lou Ann Cassell, 713 F.3d 81 (11th Cir. 2013)

2013 WL 1163946

Opinion

CARNES, Circuit Judge:

We are grateful to the Supreme Court of Georgia for the clear and dispositive answers it has provided in response to the questions that we certified. See Silliman v. Cassell, 292 Ga. 464, 738 S.E.2d 606 (2013). In light of that Court’s decision, Lou Ann Cassell’s “annuity” is an annuity within the meaning of the Georgia bank *82 ruptcy exemption statute, Ga.Code Ann. § 44-13-100(a)(2)(E), and the annuity payments to her are “on account of ... age.” 1 The judgment of the district court is

AFFIRMED.

. The bankruptcy trustee has conceded that the third requirement for the exception under the Georgia statute, which is that the payments are “reasonably necessary to the support of the debtor,” has been met.

Reference

Full Case Name: In Re Lou Ann CASSELL, Debtor. Robert B. Silliman, Chapter 7 Trustee, Plaintiff-Appellant, v. Lou Ann Cassell, Defendant-Appellee
Cited By: 7 cases
Status: Published