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ROUP v. COMMERCIAL RESEARCH, LLC

Supreme Court Case No. 14SC50.

349 P.3d 273 (2015)

2015 CO 38

Gary S. ROUP, Petitioner v. COMMERCIAL RESEARCH, LLC, Respondent.

Supreme Court of Colorado.

June 1, 2015.

Attorney(s) appearing for the Case

Petitioner: Gary S. Roup, Pro Se, Aspen, Colorado.

Attorneys for Respondent: Stokes & Wolf, P.C., James R. Wolf , Denver, Colorado.

Attorneys for Amici Curiae Colorado Creditor Bar Association and Associated Collection Agencies, Inc.: Weinstein, Pinson & Riley, P.S., Kimberly L. Martinez , Denver, Colorado, Greenberg & Sada, P.C., Alan Greenberg , Englewood, Colorado.

Attorneys for Amicus Curiae Colorado Public Employees' Retirement Association: Public Employees' Retirement Association, Adam L. Franklin , General Counsel, Kimberly K. Gardner , Senior Staff Attorney, Megan M. Westberg , Staff Attorney, Denver, Colorado.

En Banc

¶ 1 The issue in this case is whether a Health Savings Account ("HSA") qualifies as a "retirement plan" for the purposes of section 13-54-102(1)(s), C.R.S. (2014), which exempts certain property from garnishment.1 We hold that an HSA is not a "retirement plan" within...

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