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Critical Case Comment
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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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