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

Robert B. Silliman v. Lou Ann Cassell

U.S. Court of Appeals for the Eleventh Circuit · Decided March 22, 2013 · Carnes, Martin, Jordan

713 F.3d 81; 2013 WL 1163946 (Federal Reporter, Third Series)

Counsel

Martha A. Miller, Martha A. Miller, PC, Atlanta, GA, for Plaintiff-Appellant., Eric Edward Thorstenberg, Law Office of Eric Thorstenberg, Atlanta, GA, for De-fendanb-Appellee.

Cases that cite this one

7 later published cases cite this decision.

Wallace v. McFarland (In re) McFarland (United States Bankruptcy Court, S.D. Georgia 2013)
McFarland v. Wallace (United States District Court for the Southern District of Georgia 2014)
Boudreaux v. Sheffield (In re Sheffield) (United States Bankruptcy Court, S.D. Georgia 2014)
Bruce Raymond Wainer, Sr. and Stella Thalmer Wainer (United States Bankruptcy Court, E.D. Pennsylvania 2021)
Timothy Russell Hoffman (United States Bankruptcy Court, N.D. Georgia 2019)
Badgley Mullins Turner, Pllc App./x-resp. v. Leslie Spencer & Tammy S., Blakey, Resp./x-app. (Wash. Ct. App. 2018)
In re Taylor (United States Bankruptcy Court, S.D. Georgia 2014)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.