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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Of Grace Periods and Mortgage Payments

Cathy Moran

January 23, 2022

The no man's land between the mortgage due date and late payment is a persistent trouble spot for Chapter 13 practitioners. Are there arrears when the case is filed during the grace period and the payment made before it was late? In Borre, Judge Ronald Sargis of ED CA said no. He held that the payment was not in default...

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Saldana v. Bronitsky – POV Counter Point

Henry E. Hildebrand, III

December 8, 2024

In a point-counter-point to Cathy Moran’s Saldana v. Bronitsky article from last week, Hildebrand brings a slightly different perspective to the case which now appears headed to the Supreme Court. See also: Early Christmas Present for Chapter 13 Bankruptcy Attorneys

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From the Editor

March 24, 2019

By Wm. Houston Brown, United States Bankruptcy Judge (Retired) Discharge - Paying more than original loan balance would be undue hardship. The 59-year old debtor employed in aging and disability services couldn’t maintain a minimal living standard without discharge of substantial portion of student loan debt. The Court identified factors included in “minimal standards” in modern American society and found...

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Practice Tips from Hon. Meredith Jury (Ret.)

October 17, 2021

(Published with the consent of the Central District Consumer Bankruptcy Attorneys Assn Newsletter, October 2021) By M. Jonathan Hayes, Resnik Hayes Moradi LLP (Encino, CA) Question from old bankruptcy lawyer: Judge Jury, chapters 13s are such a huge amount of work. Do you have any pointers on avoiding common mistakes? Response from Judge Jury: Of course! I will focus on...

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Critical Case Comment – Fee Wars: The Battle Over Debtor Attorney Compensation

Henry E. Hildebrand, III

March 31, 2024

Debtors’ attorney’s fees can be calculated as a percentage of the presumptively reasonable “no-look” fee for cases involuntarily dismissed prior to confirmation and is an allowed administrative claim which can be paid under § 1326(a)(2).

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New Federal Guidance on Discharging Student Loans in Bankruptcy Is a Game Changer

Robert B. Branson, Tammy Branson

March 26, 2023

The Justice Department, in partnership with the Department of Education, recently announced new guidelines that loosen the strict application of the “undue hardship” exceptionwhen defending a student loan dischargeability action. This new guidance is a game changer. In the past the Department of Justice narrowly applied the undue hardship exception when defending discharge of student loans to the extent that...

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Towering Victory: UT Law Shines Bright with Third Duberstein Moot Court Championship

Debbie Langehennig

January 12, 2025

Trustee Deborah Langehennig lead University of Texas to its third national Duberstein championship. GO DEB!!!!

Who Gets Grannie’s Cash – Grannie or the Bankruptcy Trustee?

Cathy Moran

February 13, 2022

When there’s a joint bank account and a bankruptcy filing, good intentions can quickly go sour. The bankruptcy trustee sees a pile of money in the bank to which the debtor has access, even though the account also bears the name of someone not in bankruptcy. If the debtor can get the money, the trustee contends, so can a bankruptcy...

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From the Editor – Discharge

June 7, 2020

By The Honorable William Houston Brown (Retired) Hardship discharge denied. Section 1328(b)’s requirements for hardship discharge are conjunctive and failure to satisfy any one of three conditions results in denial. Reviewing judicial decisions on requirements of the statute, the court considered “the extent of a debtor’s accountability and degree of control; the substantiality and foreseeability of the changed circumstances at...

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American College of Bankruptcy Announces Class 37 Inductees

The Academy

November 2, 2025

Congratulations to all of this year’s Inductees! We are especially proud to recognize friends of the Academy - Judges Crawford and Romero, Michelle Bass, Ed Boltz, Melissa Davey, and Kara Gendron.

What is Feasibility and Why does it Matter?

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Related Articles

Of Grace Periods and Mortgage Payments

Saldana v. Bronitsky – POV Counter Point

From the Editor

Practice Tips from Hon. Meredith Jury (Ret.)

Critical Case Comment – Fee Wars: The Battle Over Debtor Attorney Compensation

New Federal Guidance on Discharging Student Loans in Bankruptcy Is a Game Changer

Towering Victory: UT Law Shines Bright with Third Duberstein Moot Court Championship

Who Gets Grannie’s Cash – Grannie or the Bankruptcy Trustee?

From the Editor – Discharge

American College of Bankruptcy Announces Class 37 Inductees

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