Meyer v. Scholz (In re Scholz)
- Citation:
- Meyer v. Scholz (In re Scholz), Case No. 11-60023 (9th Cir. November 15, 2012)
- Tag(s):
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- Ruling:
- An "anti-anticipation" clause does not preclude inclusion of annuity income in a Chapter 13 debtor's projected disposable income.
- Procedural context:
- Appeal from the 9th Circuit BAP's holding that the bankruptcy court erred in holding that annuity income should be included in calculating the co-debtors' projected monthly income.
- Facts:
- The debtors argued that inclusion of income from an annuity under the Railroad Retirement Act of 1974 (the "RRA") in calculating their projected monthly income would violate the RRA provision that such annuities shall not be "anticipated." Citing Hisquierdo v. Hisquierdo, 439 U.S. 572 (1979), the court held that as used here "anticipated" must be read in the context of the law of trusts, and must therefore be understood to prohibit payments ahead of schedule. The court therefore found that the annuity income should be included in calculating the debtors' projected monthly income.
- Judge(s):
- Consuelo M. Callahan and Paul J. Watford, Circuit Judges, and James K. Singelton, Senior District Judge.
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