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Chapter 12 Bankrutpcy

Chapter 12 of the Bankruptcy Code was adopted in 1986 to provide a means of financial reorganization for family farmers and ranchers. It shares elements of Chapter 11 and Chapter 13, but is available only to debtors who qualify as family farmers or ranchers with regular income. The debtor's total liabilities, whether contingent or otherwise, may not exceed $1,500,000.

To begin a Chapter 12 proceeding, the debtor files a bankruptcy petition with the bankruptcy court and pays a. filing fee is $200. A standing trustee is appointed to act as the disbursing agent for payments under the reorganization plan.

A reorganization plan must be filed no more than 90 days after filing the bankruptcy petition. Like a Chapter 11 plan, it must classify creditors and provide for their treatment. It also must meet the two following tests for confirmation:

  • It must pay creditors what they would receive in liquidation (the liquidation test).
  • It must pay all of the debtor's disposable income to creditors for at least three years (the best efforts test).

Creditors do not vote on the plan. All creditors must file a proof of claim, irrespective of being scheduled by the debtor.

Source: "Manual of Credit and Commercial Laws," edited by Charles M. Tatelbaum and John K. Pearson, available at the NACM Bookstore.

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