Chapter 12
A
Chapter 12 bankruptcy is specifically for family farmers. In
order to file under this chapter you must qualify as a family farmer as
defined in the bankruptcy code. Also, this chapter is not always
available unlike the other chapters of bankruptcy. This is
because it did not exist until the 1980's during the Reagan
Administration. As a result, a sunset provision is always
provided when it is renewed. It is next set to expire in July
2005. There have been times in the past where Chapter 12 had
sunset and not timely renewed. For example, last year it expired
at the beginning of 2004, but was not renewed until about October of
2004. This was the result of Congress attempting to attach the
renewal of Chapter 12 to the Bankruptcy Reform Bill that would cause it
to be more difficult to discharge credit card debt. However, this
bill, as every previous incarnation of this bill, was not passed, which
resulted in a delayed passage of a renewal of Chapter 12.
Chapter 12 allows for higher debt and income than a Chapter 13.
Otherwise it is similar in that there is a 3-5 year payment plan that
the farmer must pay into, in order to succeed with a Chapter 12 and be
granted a discharge. Chapter 12 bankruptcies are often more
complicated than a Chapter 13 bankruptcy due to the fact that many
farmers own equipment in addition to regular household goods and a
home.