OPINION AND ORDER SUSTAINING OBJECTION TO CONFIRMATION
(Filed by Railroad Federal Credit Union)
The matters before this Court are:
1. A Complaint to Set Aside Foreclosure and Reinstate Mortgage;
2. A Preliminary Hearing on Motion for Relief from Stay filed by Railroad Federal Credit Union;
3. An Objection to Confirmation filed by Railroad Federal Credit Union; and,
4. A Hearing on Confirmation of Plan.
After notice, a hearing was held on January 5, 1995. Robert Todd, the Plaintiff-Debtor, Oscar Adams, III, the attorney for the Plaintiff-Debtor, Joe Bulgarella, the attorney for the Defendant, Doug Watson, a representative of the Railroad Federal Credit Union, and David P. Rogers, Jr., Chapter 13 Standing Trustee, appeared. All matters were submitted on the testimony of both the Debtor and Mr. Watson and on numerous exhibits.
I. Contentions
In the Complaint to Set Aside Foreclosure and Reinstate Mortgage the Debtor asks the Court to set aside a September 16, 1994, mortgage foreclosure and to reinstate the mortgage the Debtor entered into with the Railroad Federal Credit Union. In its answer and in its Motion for Relief from Stay, the Credit Union contends that the Debtor does not have any interest in the subject property which could be reinstated and asks the Court to grant it relief from the automatic stay to allow it to proceed against that property. In its Objection to Confirmation, the Credit Union contends that the Debtor’s proposed plan of reorganization is not feasible and was not proposed in good faith and therefore may not be confirmed pursuant to 11 U.S.C. § 1325(a).1
II. Procedure
The matters before this Court should be bifurcated. One part relates to confirmation of the Debtor’s plan and another relates to the relief from stay and the mortgage fore*999closure. At trial, the Court stated it would first consider the feasibility of the Debtor’s proposed plan and would then consider what interest the Debtor retained in the property subject to the complaint and the motion for relief.
The Court considers the evidence submitted and the testimony taken as applicable to all matters, however, the Court and the parties agreed that if the Court found that the proposed plan was not feasible or not filed in good faith, that there would then be no need to consider the remaining issues. What the Court and the parties did not consider was that if the plan were not feasible, in all likelihood the Debtor’s inability to pay both his direct current mortgage payments and his plan payments, would be the cause. Because of the Court’s ruling in this order, that is in fact the resulting situation. The Debtor is trapped. He must choose an infeasible plan designed to save his home or a feasible plan that offers no protection for the property. If this Court had foreseen this possibility, it would have suggested that the Court first determine the extent of the Debtor’s interest in the property. It did not, and to do so now would be unfair to the parties; consequently, this opinion and order do not address either the Complaint to Set Aside Foreclosure and Reinstate Mortgage or the Motion for Relief from Stay. The present issues before the Court relate solely to the confirmation of the Debtor’s proposed plan.
III. Confirmation
Railroad Federal Credit Union questions whether the Debtor’s plan is feasible and whether the plan was proposed in good faith. For the reasons stated below this Court finds that although the plan was proposed in good faith, it is not feasible.
A. Findings of Fact
The Debtor occupies a home that was subject to a foreclosure sale by the Railroad Federal Credit Union on September 16,1994. At that sale the Credit Union was the successful, and only bidder, at $20,238.90, the arrearage amount due the mortgagee by the Debtor. A mortgage foreclosure deed was recorded in the Shelby County, Alabama Probate Court on September 16, 1994, and a letter dated September 16, 1994, was sent to the Debtor by certified mail advising him of the foreclosure and demanding possession of the property. The Debtor did not move and continues to occupy the property.
There were, and still are, two existing mortgages.2 The first, for $92,893.92 is to the U.S. Department of Housing and Urban Development (HUD) and a second, for $19,-225.82 is to the Railroad Federal Credit Union.3 The amount owed to HUD is $13,-853.99 less than the amount due before the foreclosure sale. Because the Credit Union was the second mortgagee, it paid the first mortgagee, HUD, that amount to satisfy HUD’s arrearage claim against the property. The Credit Union’s claim before this Court includes that amount along with a post-petition arrearage of $20,742.00. An additional arrearage amount of $5,313.88 is due HUD. The current value of the home is $167,-000.00.4 The Debtor’s equity is therefore approximately $28,825.00.
If the Debtor has an interest in the property, his current monthly mortgage payments would be $892.00 to HUD and $400.00 to the Credit Union. After the foreclosure the Credit Union began making the $892.00 monthly payment to HUD and continues to make that first mortgage payment.5
*1000The Debtor has been a licensed realtor since 1982, however, he was until 1992 employed by Norfolk Southern Railroad for 20 years, 16 of those as a locomotive engineer. Mr. Todd left Norfolk after he was diagnosed as having cancer. He received treatment for the illness which is in remission. When Mr. Todd separated from Norfolk, the railroad paid him, after taxes and insurance deductions, approximately $76,000.00. Because of his illness, Mr. Todd had been unable to work in a substantial capacity since 1991. Alter he received the separation amount from Norfolk he used those funds to pay debts that accumulated during his illness.
The Debtor is currently a real estate agent whose income is based solely on commissions from sales.6 He is currently an independent contractor with CHF Realty. In his bankruptcy petition the Debtor estimated his income before deductions as $3,200.00 per month with net income of $2,400.00.7 The Debtor estimated his monthly expenses as $1,562.00 which included $900.00 per month in mortgage payments.8 For purposes of feasibility the facts before this Court are that *1001the Debtor projects his gross income to be $3,200.00 per month with $2,400.00 net income. His mortgage payments would total approximately $1,300.00 per month, his other expenses will total approximately $660.00 per month and his payments to the Chapter 13 Trustee will be approximately $1,100.00 per month.9
The Debtor’s income from commissions from January 31,1994 through November 10, 1994 was approximately $24,708.00. On a monthly basis his average income was approximately $2,060.00. The Debtor’s actual income, in rounded figures, was for January $683.00, February $3,546.00, March, none, April $1,972.00, May $1,250.00, June $1,027.00, July $1,215, August $944.00, September $8,428.00 and for October $4,588.00.
In November 1993 both the Debtor’s car and truck were repossessed. From November 1993 to April 1994 the Debtor was without personal transportation. He purchased another car in April 1994, which he continues to use.
Mr. Todd divorced in April 1994; however, he and his former wife share their former residence, the residence that is the subject of complaint and motion for relief pending before this Court. The Debtor testified that the couple’s divorce decree required the Debtor to pay $15,000 to his wife for her portion of the equity of their house. The Debtor has been unable to make that payment. Their living arrangement is a temporary substitute for that payment.10
Since filing this case on September 23, 1994, the Debtor has made regular plan payments of $838.00 per month to the Chapter 13 Trustee for October, November, December and January. The Debtor believes that he will be able to continue making regular payments even if those payments are increased to $1,100.00 per month. On March 15, 1995, the Credit Union filed a motion to dismiss the Debtor’s ease contending that no plan payments have been made since January 1995. That motion is scheduled for hearing for April 10, 1995.
B. Conclusions of Law
1. Good Faith
The first issue before this Court, as framed by section 1325(a)(3), is whether, “the plan has been proposed in good faith....” 11 U.S.C. § 1325(a)(3). In In re Kitchens, 702 F.2d 885 (11th Cir.1983), the Court of Appeals for the Eleventh Circuit discussed previously recognized “best interests” and “best efforts” tests used to determine good faith, and although not specifically adopting, as other circuit courts have, a “middle road between the ‘best interests’ and ‘best efforts’ tests”, id. at 888, the court recognized many of the same factors the other circuit courts have adopted as guidance to bankruptcy courts in determining whether a plan has been proposed in good faith.11 This Court *1002has considered those factors in this case.12
In a subsequent case the circuit court recounted the history of “good faith” discussions and found that those discussions were applicable to section 1325(a)(3). The per curiam opinion in In re Waldron, 785 F.2d 936 (11th Cir.1986) reads:
While it is difficult to discern the congressional intent behind section 1325(a)(3) because of a dearth of legislative history, the term “good faith” is certainly not new to bankruptcy law. Section 141 of the Bankruptcy Act of 1898, 11 U.S.C.A. § 541 (West 1979) (repealed 1979), required that a Chapter X petition for corporate reorganization be filed in good faith or face dismissal. Section 146 of the Act, 11 U.S.C.A. § 546 (West 1979) (repealed 1979), set forth four specific criteria of the term “good faith” but emphasized that the meaning of the term was not to be limited by these four tests. Cases interpreting sections 141 and 146 have therefore defined good faith broadly:
Basically, the general elements of good faith, undefined in the statute, mean that the petition must be filed with the honest intent and genuine desire to utilize the provision of Chapter X for its intended purpose — to effectuate a corporate reorganization — and not merely as a device to serve some sinister and unworthy purpose of the petitioner.... The court cannot and will not tolerate such misuse of the reorganization process.
In re Southern Land Title Corp., 301 F.Supp. 379, 428 (E.D.La.1968) (emphasis added). See also Mongiello Brothers Coal Corp. v. Houghtaling Properties, Inc., 309 F.2d 925, 930 (5th Cir.1962) (“[i]n considering the presence or absence of good faith, it must be borne in mind that the Act is not to be abused by the extension of its privileges to those not within the contemplation of it_”). These discussions are equally applicable to the good faith provision in Chapter 13. See In re Leal, 7 B.R. 245, 247 (Bankr.D.Colo.1980).
Id. at 939.13
In this case, the Court finds that the totality of the facts demonstrate that the Debtor’s plan was filed in good faith. This case is the Debtor’s first Chapter 13 case. He proposes to pay all of his unsecured creditors in full and had, through the date of trial, made all required indirect payments to the Chapter 13 Trustee. Until the arrearage claims of HUD and the Credit Union increased beyond the Debtor’s ability to pay, his proposed plan would have been feasible. His income is substantial and his living expenses are not excessive. He simply cannot afford to make the payments required to pay the debts associated with his home.
*1003This Debtor’s life has changed significantly over the last year. He has found a solution to what ever caused his domestic problems. The outlook for good health is considerably better now that his illness is in remission. He has reliable transportation, which in the realty business is without question absolutely necessary. The overall structure, organization and stability of the Debtor’s life seems at this point to be secure. This Court finds, in light of these changes that the Debtor’s estimation of his future income is reasonable. He has already demonstrated that he is capable of generating monthly income in excess of $3,200.00 and has demonstrated that he is focused and is attentive to his business, two characteristics which are required for success in the realty business.
Based on the above, this Court finds that the Debtor’s plan was proposed in good faith and that the Debtor has satisfied the requirements of section 1325(a)(3).
2.Feasibility
The second issue before this Court, as framed by section 1325(a)(6), is whether “the debtor will be able to make all payments under the plan and to comply with the plan.” 11 U.S.C. § 1325(a)(6).
Although the Court of Appeals for the Eleventh Circuit has not issued a direct opinion on feasibility of a plan, the court has considered the issue generally. In considering whether Social Security benefits (United States v. Devall, 704 F.2d 1513 (11th Cir.1983)) and whether Aid to Families With Dependent Children benefits (In re Hammonds, 729 F.2d 1391 (11th Cir.1984)) may be used to fund a Chapter 13 plan, the court recognized:
A debtor in a Chapter 13 case who chooses to provide for repayment of his debts from his Social Security benefits is unlike an ordinary assignor in several respects. First, the plan of debt adjustment must be reviewed and approved by a United States Bankruptcy Judge. In approving the plan, the Court must determine that the debtor will be able to make all- payments under the plan and to comply with the plan. 11 U.S.C. § 1325(a)(6). The Court will not approve a plan unless it is clear that the debtor will be able to make these payments, thus perhaps enabling him to retain property which would otherwise be subject to the claims of creditors. Unless the Court has first ascertained that the plan of repayment is feasible and will work no undue hardship on the debtor or his dependents, the plan cannot be confirmed. Second, and perhaps more importantly, Chapter 13 is a wholly voluntary proceeding. A debtor cannot be forced to submit his Social Security benefits to the jurisdiction of the Court. See 11 U.S.C. §§ 303(a), 706(c), 1112(d). Moreover, a debtor under Chapter 13 has a non-waiva-ble right to dismiss his case under Chapter 13. For this reason the debtor’s benefits may not be subject to seizure in any legal process against the debtor unless and except to the extent that he so desires.
In re Hammond, 729 F.2d 1391, 1394-1395 (11th Cir.1984) (citations omitted) (quoting United States v. Devall, 704 F.2d at 1517 (quoting In re Penland, 11 B.R. 522 (Bkrtcy.N.D.Ga.1981))).
The Court explained further:
The supervision of the bankruptcy judge, who must insure that the payment plan is feasible given the needs of the individual debtor, is a safeguard against a voluntary chapter 13 plan operating to the detriment of the debtor’s children. See In re Shebel, 22 B.R. 9 (Bkrtcy.D.Vt.1982) (even though AFDC benefits are income, the bankruptcy judge rejected the chapter 13 plan because the payment schedule was not feasible given the needs of debtor’s dependents).
Id. at 1395.
The tone of the court’s instructions is certainly affected by the assistance nature of Social Security and AFDC benefits; however, the general principles apply to the instant case. These include:
1. Whether the debtor will be able to make all payments under the plan;
2. Whether the debtor will be able to comply with the plan;
3. Whether the debtor will be able to retain property that would otherwise be subject to claims of creditors;
4. Whether the Chapter 13 proceeding remains wholly voluntary; and,
5. Whether the plan of repayment works any undue hardship on the debtor or his dependents.
*1004Whether a debtor’s plan is feasible is a factual question. As an amended plan of reorganization, this Debtor proposes to increase his non-direct plan payments from $838.00 to $1,100.00. This proposal is based on the Debtor’s estimation of future income, which in turn is based on past income and changed circumstances. The immediate question before this Court is whether the Debtor’s estimation is reasonable. Based on the evidence, this Court finds that the estimation is reasonable. As stated, the Debt- or’s life has changed significantly. He has reliable transportation, his health is good, his domestic situation is improving and he is focused in his work. This Court believes that the Debtor should be able to generate the income he expects. However, even with an income of $8,200.00 per month, in considering all of the Debtor’s expenses as he estimates them, this Court cannot find that the plan, as proposed, is feasible.14
Gross income of $3,200.00 per month, with net income of $2,400.00, will not fund the Debtor’s proposed plan. His direct mortgage payments, if he has an interest in the property subject to this matter, will be approximately $1,300.00 per month. His current payments to the Chapter 13 Trustee, although set at $838.00, must be increased to at least $1,100.00 because of the increased post-petition mortgage arrearage claims.15 In determining that the Debtor’s plan is not feasible this Court finds that:
1.The Debtor will not be able to make all payments under the plan. The Debt- or’s projected net monthly income is $2,400.00. His projected post-petition monthly expenses are: $660.00 for current ordinary expenses; and, $1,300.00 for mortgage payments. Total expenses are $1,960.00. Subtracting current expenses from net income, the Debtor’s excess income is $440.00 per month. His direct plan payments, to pay pre-petition debts, will be approximately $1,100.00 per month, some $660.00 greater than his net income, or the amount of his living expenses;16
2. The Debtor will not be able to comply with the plan even if he continues to work. Unless his expenses decrease or his income increases the plan is not workable;
3. Whether the Debtor will be able to retain his home if he does not continue with this Chapter 13 proceeding is a question relating to the Debtor’s post-foreclosure interest in the property and is not one necessary to answer here;
4. The Chapter 13 proceeding will remain wholly voluntary. The Debtor will not be required to remain in this proceeding unless he chooses; however,
5. The Debtor’s plan of repayment, will work an undue hardship on the Debtor and his dependent. If the Debtor’s net income is approximately $2,400 per month and his direct and indirect plan payments are approximately $2,400, he has no money for ordinary living expenses. Of the approximate $660.00 *1005the Debtor estimated as necessary for such expenses, $200.00 is for child support. Approximately $250.00 is for utilities, $100.00 for food and $75.00 for transportation. Clearly this Debtor is not living an extravagant lifestyle. His expenses are lean, but those expenses, when combined with his mortgage payments and arrearage claim payments, exceed his income to a point that this Court is unable to find that the plan as proposed is feasible as required by section 1325(a)(6).
A court’s finding that a plan is not feasible must be based on something other than ar-ithmatical calculations. In this case the hardship on the Debtor and the potential hardship to his child if support payments are not made is a major concern. Coupled with the fact that the Debtor will not have any money for ordinary expenses, this Court cannot confirm this plan.
IY. Conclusion
In reliance on the above, this Court finds that the Objection to Confirmation filed by the Railroad Federal Credit Union is due to be sustained. The plan as proposed does not meet the requirements of 11 U.S.C. § 1325(a)(6) and therefore may not be confirmed.
The Debtor has two options. One, he may choose to propose a different plan which includes his home.17 If he does, that proposal should be made within 10 days of this order, and should demonstrate that his income has increased, that his living expenses have decreased or that he will be able to restructure his mortgage debts. If the Debt- or proposes a plan that this Court finds is feasible, the Court will then consider the matters associated with the Credit Union’s Motion for Relief from Stay and the Debtor’s Complaint to Set Aside Foreclosure and Reinstate Mortgage. Two, if the Debtor chooses to continue with his case without providing for the property, he may propose a plan excluding all current mortgage payments. Such a plan would appear feasible and con-firmable.18
It is therefore ORDERED that the Objection to Confirmation filed by the Railroad Federal Credit Union is SUSTAINED.