Chapter 12 Reorganization
Family farmers wanting to continue to farm through hard economic
times should consider Chapter 12. Chapter 12 bankruptcies are
reserved for family farmers who, usually through no fault of
their own, are unable to repay their indebtedness as currently
structured. Chapter 12 allows family farmers to continue to farm
by restructuring debt and debt repayment plans. Chapter 12,
using a "plan" (of reorganization), allows family farmers to
reorganize their indebtedness, often reducing the amount owed on
secured loans, and reducing the repayment to unsecured
creditors.
After 3 years, up to 5 years in certain cases, the farmer is
"discharged" from the Chapter 12 and continues to operate the
farming operation without Court or Trustee oversite. At this
time no further payments are made to unsecured creditor debt
owed at the time the bankruptcy was filed.