In re John Charles GiacomettoAnnotate this Case
Under Montana law, a debtor may claim an exemption for a health savings account (HSA) within the constraints imposed by Mont. Code Ann. 25-13-608(1)(d) or (f).
Debtor in this case filed a Chapter 11 bankruptcy petition. Debtor claimed his HSA exempt in the amount of $14,319.61 pursuant to section 25-13-608(1)(d) or (f). Debtor’s withdrawal of funds from the HSA was applied exclusively to qualified medical expenses. The trustee filed an objection to the claim of exemption. The bankruptcy court certified a question on the issue to the Supreme Court. The Supreme Court held that a debtor may claim an exemption for an HSA to the extent that it is “used or will be used to pay for the care” described in section 25-13-608(1)(f).