Chapter 12 bankruptcy is a legal process designed explicitly for family farmers and fishermen. It allows these individuals to reorganize their debts and create a plan to repay them promptly. 

While many people are familiar with the basic concepts of Chapter 12 bankruptcy, some lesser-known facts can be essential to understand with Help from a bankruptcy attorney.  

1. Qualification

Not everyone qualifies for Chapter 12 bankruptcy. To be eligible, individuals must meet specific criteria, including being a family farmer or fisherman, having a regular income, and having a significant amount of debt from farming or fishing operations.

2. Reorganization

While Chapter 12 allows debt reorganization, it does not discharge the debt. The individual is still responsible for repaying their debts, but the repayment plan is based on their income and expenses. Additionally, the individual must continue operating their farming or fishing business during repayment.

3. Adjustment

Chapter 12 bankruptcy also allows for the adjustment of secured debts. This means that the individual can modify the terms of their secured loans, such as mortgages, to make them more affordable.

4. Benefits

Chapter 12 bankruptcy has several advantages over other types of bankruptcy. For example, it allows the individual to keep their assets, including their farming or fishing operation, and it allows them to continue operating their business during repayment. Additionally, it has a higher debt limit than Chapter 13 bankruptcy.

5. Credit score

Filing for Chapter 12 bankruptcy can impact one’s credit score. While the individual is still responsible for repaying their debts, the repayment plan is based on their income and expenses, making it more manageable. Additionally, the individual can continue to operate their farming or fishing business during the repayment period, which can help to improve their financial situation over time.

6. Limitations

Chapter 12 bankruptcy also has certain limitations. For example, it only applies to family farmers and fishermen, and the individual must continue to operate their farming or fishing business during the repayment period. Additionally, the individual must have a regular income and significant debt from farming or fishing operations.

7. Elimination of debts

Filing for Chapter 12 bankruptcy does not necessarily mean the individual will be released from all future debts. The bankruptcy discharge only eliminates the individual’s personal liability for debts that existed when filing. Any debts incurred after the bankruptcy filing are still the individual’s responsibility.

8. Paperwork

Filing for Chapter 12 bankruptcy requires a lot of paperwork and documentation. It is important for individuals to work with an experienced attorney to ensure that their case is filed correctly and that all required documents are submitted.