Family Farmer Bankruptcy Plans Under Chapter 12

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As a defined term under the U.S. Bankruptcy Code, a Chapter 12 family farmer is either an individual or business partnership owned by individual partners as described in 11 U.S.C. 1201, et seq. Family farmers also must derive the majority of their income from actual farming operations, proven by historical tax return information. The basis of a family farmer reorganization plan is the continued payments of debts, over an extended period of time, for lower interest and lower late fees or penalties. For confirmation, the family farmer debtor must prove to the satisfaction of the court that annual income is sufficient in amount and stability to continue making payments over the life of the plan.