Is Your Chapter 13 Bankruptcy Plan Feasible?

April 24th, 2009 by Reed Allmand

For those debtors considering Chapter 13 Bankruptcy, it is important that you create a clear, feasible plan to repay your debts within the prescribed time period. Sometimes, a bankruptcy trustee or judge will disapprove a Chapter 13 bankruptcy plan because of feasibility issues. When a bankruptcy court says that a Chapter 13 bankruptcy plan is not feasible, what they’re saying is that your plan is not realistic and most likely you won’t be able to follow it.

    Things you need to make a Chapter 13 bankruptcy plan feasible:

  1. Income. If you are unemployed a Chapter 13 bankruptcy plan is most likely not feasible for you.
  2. Disposable income. You need to have money left over after paying your essential living expenses to fund the Chapter 13 bankruptcy plan. Essential living expenses usually include, rent/mortgage, utilities, car payment, food and anything else agreed to be essential. For example, if you have a chronic medical condition you may also need to buy medication or equipment on a regular basis which will reduce your disposable income.

Even if you think you may qualify for a Chapter 13 bankruptcy, it may not be in your best interests to file one. This may be the case if, for example, your home is worth less than the mortgage you have on it. Currently, homeowner advocates are fighting for legislation that would allow bankruptcy courts to modify mortgages that are toxic/upside down. That law has not passed yet.

About Reed Allmand

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Allmand's vision is rooted in his own financially precarious childhood in Abilene "My father always had difficulty holding a job and supporting our family, so after my parents divorced when I was 12, my sister and I got jobs to help make ends meet," he recalls. "I remember what it felt like as a child to worry that our car would be repossessed or home foreclosed on."

View all posts by Reed Allmand

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    FAQ

    Why do I need to submit a new wage order when I modify my plan

    When we modify your bankruptcy plan we are changing your plan payments. This means that we have to get with your employer and change the terms and amount of your wage order. The only way we can do that is by filling out a new wage order form.  

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    What happens if the stay terminates on my home?

    If the bankruptcy stay terminates on your home that means that even though your in bankruptcy, your creditor can pursue all there legal remedies they can pursue if you were not in bankruptcy. This includes foreclosure, and having your house sold and evicting you from your house.

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