The Help Your Farm Needs
At Mills Law, we understand the difficulties farmers face in the modern economy. Not only have we worked with farmers for over 20 years, but our founding lawyers David Mills grew up on a North Carolina farm.
For many family farmers, filing bankruptcy may seem like a failure. Even the most well-managed farms fall on hard times. Hurricanes, flooding, drought and other conditions beyond our control can have devastating impacts on crops and livestock.
Chapter 12 bankruptcy was designed specifically to protect family farms and fisheries that have fallen on hard times, giving them the opportunity to repay all or part of their debts to their creditors over the course of three to five years.
Is Chapter 12 Bankruptcy Right For My Family Farm?
Chapter 12 was design exclusively for family farms and fisheries. This type of bankruptcy provides many benefits for family farms struggling to pay their creditors that are not available under other types of bankruptcy.
Benefits of Chapter 12 include:
- Farm assets are not at risk of liquidation
- A higher debt ceiling on the amount of debt you are allowed to have
- Additional exemptions to those available under other types of bankruptcy like Chapter 13
For many family farmers, filing Chapter 12 bankruptcy is a proactive approach to debt that you farm reorganize its finances and get out of burdensome debt. With the help of an experienced farm bankruptcy attorney, you may leave the bankruptcy process in a better financial position than when you entered.
Is My Family Farm Eligible For Chapter 12 Bankruptcy?
To be eligible for Chapter 12 bankruptcy protection, the debtor must be a family farmer who has a regular annual income. This type of bankruptcy is available exclusively for individuals and immediate family members, or a corporation or partnership. In addition, eligible family farms cannot have a dismissed bankruptcy claim within 180 days before their new petition, and they must also undergo credit counseling within that same time period.
Next Step For Your Farm
If you or a family member is facing difficult financial decisions, and your farm is struggling with crushing debt, call MIlls Law today to speak with an experienced bankruptcy attorney. We have over two decades of experience working with family farms in Eastern North Carolina, and can help you forge a future for your farm. Use the number below to contact us today.