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Chapter 12 - Family Farmer or Fisherman

The information below is intended to answer common questions from pro se bankruptcy filers (persons filing their own cases without attorneys) and is not legal advice. This information is subject to change without notice.

IMPORTANT: If you are thinking of filing a bankruptcy petition without an attorney, you should read Filing for Bankruptcy Without an Attorney. This web page has been provided by the Administrative Office of the U.S. Courts' Judges Advisory Group and contains information to consider before filing a petition along with links to other helpful resources.

Chapter 12 - "Family Farmer or Fisherman "

A family farmer or family fisherman may be a debtor under chapter 12. A chapter 12 case provides you the opportunity to restructure your debts through a payment plan, which normally lasts three years. With Court approval, a plan may last up to five years. The chapter 12 trustee receives all funds you pay through the plan and pays creditors from these funds.

Filing Requirements

An original of the following is required when filing a chapter 12:

  • (Form B101) Voluntary Petition for Individuals Filing For Bankruptcy
  • (Form B121) Your Statement About Your Social Security Number(s)
  • (Form B101) - Individual Debtor's Statement of Compliance With Credit Counseling and Certificate of Credit Counseling (or Certificate of Exigent Circumstance or Motion for Exemption) (Individuals Only)
  • (Form B106-Summary) A Summary of Your Assets and Liabilities and Certain Statistical Information
  • (Form B106) Schedules A/B-J
  • (Form B107) Your Statement of Financial Affairs for Individuals for Individuals Filing for Bankruptcy
  • (Form B119)  Bankruptcy Petition Preparer’s Notice, Declaration, and Signature if applicable
  • Fees - a payment due at time of filing*
  • List of Creditors - Mailing Matrix*
  • Chapter 12 Plan (may be filed with petition but must be filed within 90 days thereafter except as otherwise provided for by local bankruptcy rule)
  • (Director’s Form 2800) Disclosure Statement of Bankruptcy Petition Preparer if applicable
  • Copies of Payment Advices (earning statement, pay stubs, etc.) for last sixty days with only the last four digits of Social Security Number

 

*You must file the minimum requirements to initiate a bankruptcy case.

Note: Your Chapter 12 Plan payments must be mailed to the Chapter 12 Trustee's Office in the division where the case was filed.

IMPORTANT: Failure to comply with the filing requirements or missing deadlines may result in your case being dismissed and loss of bankruptcy protection. Please read.