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 . . .

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