The 9th Circuit Bankruptcy Appellate Panel addresses the issue of whether the Bankruptcy Code’s definition of “current monthly income” found in Section 101(10A) includes Railroad Retirement Act (“RRA”) benefits; and regardless of whether it does so, should RRA benefits be considered when calculating projected disposable income under Bankruptcy Code Section 1325(b).
The Court found that RRA benefits are included in the Code’s definition of current monthly income, but that RRA benefits should not be included in a debtor’s projected disposable income.
You can read the opinion below.
[gview file=http://207.41.19.15/web/bap.nsf/AEEDA618C8B84D7F8825787A007E3FB3/$file/Scholz10-1153.pdf]
