Robert B. Silliman v. Lou Ann Cassell, No. 11-13115 (11th Cir. 2013)
Annotate this CaseThis opinion or order relates to an opinion or order originally issued on August 3, 2012.
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Case: 11-13115 Date Filed: 03/22/2013 Page: 1 of 2 [PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 11-13115 ________________________ D.C. Docket Nos. 1:11-cv-00136-CAP; USBC 10-74119-WLH In re: LOU ANN CASSELL, Debtor. ______________________________________ ROBERT B. SILLIMAN, Chapter 7 Trustee, Plaintiff - Appellant, versus LOU ANN CASSELL, Defendant - Appellee. ________________________ Appeal from the United States District Court for the Northern District of Georgia ________________________ (March 22, 2013) Case: 11-13115 Date Filed: 03/22/2013 Page: 2 of 2 Before CARNES, MARTIN, and JORDAN, Circuit Judges. 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, No. S12Q1936, S.E.2d , 2013 WL 593512 (Ga. Feb. 18, 2013). In light of that Court s decision, Lou Ann Cassell s annuity is an annuity within the meaning of the Georgia bankruptcy exemption statute, Ga. Code Ann. ยง 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. 1 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. 2
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