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CHAPTER 12 BANKRUPTCY Riverside Bankruptcy Attorney
What is a Chapter 12 Bankruptcy?
A Chapter 12 can be filed by a family farmer or fisherman. To qualify, more than 50% of your income must be derived from a farming or fishing enterprise our courts have given pretty wide latitude to what constitutes a farming enterprise.
Chapter 12 enables financially distressed family farmers and fishermen to proposition and carry out a plan to pay off all or part of their debts.
Repayment plan to make installments to creditors over three to five years.
Usually, the plan must provide for payments over three years unless the court approves a longer period “for cause.” But unless the plan proposes to pay 100% of domestic support claims (i.e., child support and alimony) if any exist, it must be for five years and must include all of the debtor’s disposable income. In no case may a plan provide for payments over a period longer than five years.