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Bankruptcy law and HSAs

Are health savings accounts safe from debt collectors? It depends on your state of residence.

Bankruptcy can raise questions about whether your HSA funds are protected. Here's what to know.

Consult with a professional

The decision to file for Chapter 7 or Chapter 13 bankruptcy is complex. If you're exploring the implications, we recommend you consult a certified credit counselor, accountant, or bankruptcy attorney.

HSAs and bankruptcy: it depends on your state

Under federal law, most retirement assets are exempt from being part of the debtor’s bankruptcy estate and are therefore protected. However, federal law allows the states to determine whether health savings accounts are exempt from creditors.

If you have specific questions about HSAs and bankruptcy law in your state, consult a local certified professional, such as an attorney.

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