The united states Bankruptcy Court

for the Eastern District of Virginia            

 

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.

 

Chapter 12 Filing Requirements

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

· Notice to Individual Consumer Debtor (s)*

· Voluntary Petition*

· Statement of Social Security Number (s)* individuals only and not available to public

· Exhibit D - Individual Debtor's Statement of Compliance With Credit Counseling - EDVA, and Certificate of Credit Counseling (or Certificate of Exigent Circumstance or Motion for Exemption) *Individuals only

· Declaration of Divisional Venue*

· Fees - a payment due at time of filing*

· List of Creditors - Mailing Matrix (in txt format) with Coversheet* must be submitted on computer diskette

· Schedules A through J

· Summary of Schedules and Statistical Summary of Certain Liabilities

· Statement of Financial Affairs

· 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)

· Disclosure Statement of Bankruptcy Petition Preparer (B280) if applicable

· Declaration and Signature of Non-Attorney Bankruptcy Petition Preparer (See 11 U.S.C. §110) (Official Form 19 - which includes Notice to Debtor for Non-Attorney Bankruptcy Petition Preparer)

· Copies of Payment Advices and Tax Returns (received 60 days prior to petition filing) should be submitted to Trustee at least 7 days prior to your scheduled Meeting of Creditors.

 

 *The asterisk at the noted bullet items above identify the minimum requirements to initiate a bankruptcy case. You must file these asterisked items to initiate your bankruptcy case. You will need to provide your daytime telephone number to the Clerk’s Office.

 

Your Chapter 12 Plan payments must be mailed to the Chapter 12 Trustee assigned to your case.

 

 

 

 

 

 

 

 

 

 

 

 

 

Chapter 12 “Family Farmer or Fisherman”

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 the section on Minimum Requirements to Initiate Bankruptcy Case; Notice of Possible Dismissal of Your Case.