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IN RE SCHOLZ

No. 11-60023.

699 F.3d 1167 (2012)

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

United States Court of Appeals, Ninth Circuit.

Filed November 15, 2012.

Attorney(s) appearing for the Case

Brent D. Meyer , Meyer Law Group, LLP, San Francisco, CA, for the trustee-appellant.

Gary Huss , Law Offices of Gary Huss, Fresno, CA, for the debtors-appellees.

Henry E. Hildebrand, III , Standing Chapter 13 Trustee for the Middle District of Tennessee, Nashville, TN, for amicus curiae National Association of Chapter 13 Trustees.

Before: CONSUELO M. CALLAHAN and PAUL J. WATFORD, Circuit Judges, and JAMES K. SINGLETON, Senior District Judge.

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...

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