Robert B. Silliman v. Lou Ann Cassell

[PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
________________________
No. 11-13115
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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
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(March 22, 2013)
Case: 11-13115 Date Filed: 03/22/2013 Page: 1 of 2

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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. § 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.
Case: 11-13115 Date Filed: 03/22/2013 Page: 2 of 2

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