What is Feasibility and Why does it Matter?

By Leo G. Spanos, Senior Staff Attorney to Martha G. Bronitsky, Standing Chapter 13 Trustee, United States Bankruptcy Court, Northern District of California (Oakland Division)

Chapter 13 bankruptcy is intended to help individuals with “regular income” reorganize their debts. Section 101(30) defines an “individual with regular income” as an “individual whose income is sufficiently stable and regular to enable such individual to make payments under a plan under chapter 13.” 11 U.S.C. § 101(30).1 These concepts relate to § 1322(a)(1) which provides that a plan “shall provide for the . . .

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