Meyer v. Scholz (In Re Scholz)
United States Bankruptcy Appellate Panel for the Ninth Circuit
1Opinion of the Court
OPINION
MARKELL, Bankruptcy Judge.
INTRODUCTION
This appeal presents two related questions: (1) does the Bankruptcy Code’s definition of “current monthly income”, found at 11 U.S.C. § 101(10A)(“CMI”), include Railroad Retirement Act benefits (“RRA Benefits”); and (2) regardless of the answer to the first question, should RRA Benefits be considered when calculating projected disposable income under § 1325(b)? 1
Debtors Robert Lynn Scholz and Carolyn Gail Scholz take the position that RRA Benefits do not count towards CMI, and should not be counted as part of projected disposable income. Their…
2Cases cited17 opinions
- Lamie v. United States TrusteeSupreme Court of the United States · 2004
- Morton v. MancariSupreme Court of the United States · 1974
- Watt v. AlaskaSupreme Court of the United States · 1981
- Hisquierdo v. HisquierdoSupreme Court of the United States · 1979
- Ransom v. FIA Card Services, N. A.Supreme Court of the United States · 2011
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3Cited by7 opinions
- Meyer v. UST-United States Trustee (In Re Scholz)Court of Appeals for the Ninth Circuit · 2012
- Terry Wayne Duckworth v. Allianz Life Insurance Company of North AmericaCourt of Appeals for the Eleventh Circuit · 2013
- In Re DiazUnited States Bankruptcy Court, C.D. California · 2011
- In Re CoverstoneUnited States Bankruptcy Court, D. Idaho · 2011
- Marciano v. Fahs (In Re Marciano)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2011
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