[CLBS] HRA

Jared Steadman jsteadman at merrillandmerrill.com
Mon Aug 12 14:42:21 MDT 2013


I have a new issue I was hoping some of you had dealt with.  I have a
potential client looking at bankruptcy with an HRA account.  This is similar
to a health savings account except that you must request payment from the
account by submitting medical bills and insurance payment forms.  After a
couple of weeks a disbursement will come out of your HRA and into your
normal bank account to pay for the medical bill.  As I understand it, that
account will then be debited and there is a running balance, but the debtor
has no access to it until a health issue arises.  I recognize that the HSA
case (Stanger) will take any exemption arguments away, but is this even
property of the estate if there are no outstanding medical bills because
there is no right to payment until there are some?  Is this a reach?  I
would really appreciate any experience or guidance that could be provided on
this issue.

Thanks,

Jared Steadman



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