Critical Case Comment

By Kevin R. Anderson, Chapter 13 Trustee for the District of Utah

Meyer v. Scholz (In re Scholz), 699 F.3d 1167 (9th Cir. Nov. 15, 2012) (Watford)

An anti-anticipation clause in a governmental or private retirement plan or trust does not exclude such income from the calculation of current monthly income and projected disposable income under 11 U.S.C. § 1325(b).

Case Summary

The debtor was a railroad retiree and received $3,600 per month under the Railroad Retirement Act (RRA).  Railroad employees do not participate in Social Security but are covered by . . .

It looks like you are not signed in or registered! This content is only available to members.

Or Sign In Below:

No Author Biography has been linked to this Article.

Related Articles

April 11, 2021
By Kara K. Gendron, Esquire, Mott & Gendron Law (Harrisburg, PA) If a Chapter 13 Debtor has adopted a child who is eligible for assistance under Title IV-E of the Social Security Act, should those funds which were received in the six months prior to filing the petition be included in the Official Form 122C–1 Chapter 13 Statement of Current...
Members
January 27, 2019
By John P. Gustafson, United States Bankruptcy Judge, Northern District of Ohio, Western Division (Toledo, OH) Click here for Part 1 Click here for Part 2 Click here for Part 3
Members
November 22, 2020
By M. Jonathan Hayes We are now eight months into the Small Business Reorganization Act of 2019, which took effect in February. The act attempted to establish a cheaper, quicker route for small businesses to reorganize under new Subchapter V of the bankruptcy code. Here are a few of my observations over the past several months. First, some small businesses...
August 25, 2019
By Gretchen D. Holland, Standing Chapter 13 Trustee for the Greenville/Spartanburg Division of South Carolina The Bankruptcy Code does not – and thus a trustee cannot – require a debtor to treat nondischargeable student loan debts in a separate class from other general unsecured claims under § 1322(b)(1), even when including them all in the same pool will result in...
Members
DeCarlo01
December 18, 2022
The Bankruptcy Code produces some difficult results. Sometimes those results pass difficult and extend into problematic. The Bankruptcy Court for the District of Idaho crossed well over difficult in In re Clifford, 2022 WL 16727279 (Bankr. D. Id. 2022). The question addressed in Clifford is one that comes up in every Chapter 13 case – how do we calculate “Current...
NBR cropped 2
May 15, 2022
Dear Readers: There are some basic truths. One is that when someone says, “hey, watch this!,” the result is likely to involve blood or stitches. Another is that, when an author describes something with the leadoff word, “interestingly,” it often isn’t. And a third is that one shouldn’t mislead bankruptcy judges. In two wonderfully written cases, bankruptcy judges made this...
Members
August 9, 2020
By The Honorable William Houston Brown (Retired) Disputed claim included in calculation of eligibility. The debtor’s case was dismissed for exceeding § 109(e)’s unsecured debt limit, when the debtor had signed $1,092,000 mortgage note but the mortgage was never recorded. The lender filed an unsecured claim for $1.7 million, and the Bankruptcy Appellate Panel agreed with the bankruptcy court that...
Members
November 21, 2021
By Henry E. Hildebrand, III, Chapter 13 Standing Trustee for the Middle District of TN (Nashville) Where pro se debtors filed numerous groundless complaints and made specious allegations against their former counsel, sanctions under Rule 9011 were appropriate notwithstanding the fact that the debtors were now acting pro se. (Hopkins) In re Jones, 2021 WL 4168110 (Bankr. S.D. O.H., Sept....
Members
dunn
June 25, 2023
Retired United States Bankruptcy Judge Randall (Randy) Lawson Dunn, District of Oregon, died at home on June 7, 2023.
gavel
June 18, 2023
Appeals Court Names Erie Lawyer as Newest Bankruptcy Judge – John C. Melaragno has been named the new judge for the Erie Division of U.S. Bankruptcy Court for the Western District of Pennsylvania