CRITICAL CASE COMMENT: In re Scholz

By:  Henry E. Hildebrand, III, Chapter 13 Trustee Middle District of Tennessee

In re Scholz, 2011 WL 1528470 (9th Cir. B.A.P. March 22, 2011) (Markell)

Benefits from the Railroad Retirement Act are included in the calculation of Current Monthly Income but must be excluded from the determination of Projected Disposable Income because the RRA contains an “anti-anticipation” clause.

Case Summary

The Debtors filed a Chapter 13 petition and, in calculating their Current Monthly Income, included their wages and commissions from Mrs. Scholz’ employment but did not report any income . . .

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