Legal Opinion
Meyer v. UST-United States Trustee (In Re Scholz)
Court of Appeals for the Ninth Circuit
Decided November 15, 2012No. 11-60023PublishedCited by 10 opinions
1Opinion of the Court
OPINION
WATFORD, Circuit Judge:
Robert and Carolyn Scholz have filed for bankruptcy protection under Chapter 13 of the Bankruptcy Code. The question before us is whether the Scholzes may exclude an annuity Mr. Scholz receives under the Railroad Retirement Act of 1974(RRA) when calculating their “projected disposable income,” which determines the amount they must repay creditors to qualify for Chapter 13 relief. The Scholzes contend the annuity must be excluded because the RRA provides that payment of such annuities shall not be “anticipated.” In the Scholzes’ view, calculating their projected…
2Cases cited8 opinions
- Hisquierdo v. HisquierdoSupreme Court of the United States · 1979
- Hamilton v. LanningSupreme Court of the United States · 2010
- In Re Dennis Leroy Saxman, Debtor, Dennis Leroy Saxman v. Educational Credit Management Corporation, and Department of EducationCourt of Appeals for the Ninth Circuit · 2003
- In Re George E. Dawson and Barbara J. Dawson, Debtors. George Dawson and Barbara J. Dawson v. Washington Mutual Bank, F.A., Successor to Great Western BankCourt of Appeals for the Ninth Circuit · 2004
- In Re Douglas P. Demarah, Debtor. Douglas P. Demarah, Debtor-Appellant v. United StatesCourt of Appeals for the Ninth Circuit · 1995
3 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Eden Place v. Sholem PerlCourt of Appeals for the Ninth Circuit · 2016
- Gugliuzza v. Federal Trade CommissionCourt of Appeals for the Ninth Circuit · 2017
- Aspen Skiing Co. v. Cherrett (In Re Cherrett)Court of Appeals for the Ninth Circuit · 2017
- Terry Wayne Duckworth v. Allianz Life Insurance Company of North AmericaCourt of Appeals for the Eleventh Circuit · 2013
- Aspen Skiing Co. v. Cherrett (In Re Cherrett)Court of Appeals for the Ninth Circuit · 2017
5 more not listed; retrieve them via the Exa API.