[CLBS] Chapter 12 who may be a debtor (11 USC 109(f)) question

[Sarah Bratton]

I agree that they cannot qualify under chapter 12 as to be a family farmer
they must be engaged in a farming operation and have regular annual income,
so in your scenario they don't have ongoing income from a farming
operation. In my experience it is really difficult to get into a chapter 12
unless you meet the strict plain language requirements.


Sarah B. Bratton, Attorney

Bratton Law, PLLC

(208)918-0394


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Suite 607

Boise, ID 83703


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On Tue, Jul 30, 2019 at 3:51 PM Holly Roark <holly at roarklawboise.com> wrote:

> If a farm was foreclosed, may the debtor still be a debtor under Chapter 12
> if their debts are all related to the farm, but they are no longer a
> farmer?
> The plain language of 109(f) would seem to suggest the answer is NO, but
> I'm
> not sure if I am missing something.
>
>
>
> Best regards,
>
> HOLLY ROARK
>
> Attorney at Law
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> Certified Bankruptcy Specialist -
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