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IN RE SCHOLZ

BAP No. EC-10-1153-MkZJu. Bankruptcy No. 09-14453.

447 B.R. 887 (2011)

In re Robert Lynn SCHOLZ; Carolyn Gail Scholz, Debtors. Michael Hugh Meyer, Chapter 13 Trustee, Appellant, v. Robert Lynn Scholz; Carolyn Gail Scholz; United States Trustee, Appellees.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Decided: March 22, 2011.

Attorney(s) appearing for the Case

Brent D. Meyer , San Francisco, CA, for Appellant Michael H. Meyer, chapter 13 trustee.

Gary L. Huss , Law Offices of Gary Huss, Fresno, CA, for Appellees Robert L. Scholz and Carolyn G. Scholz.

Before: MARKELL, ZIVE and JURY, Bankruptcy Judges.

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

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