Huntsville Chapter 12 Lawyers

Helping Farmers And Fishermen Remain In Business

America's farmers take incredible risks to pursue the work they love. It is not uncommon for a small farmer to invest $1 million into land, equipment and supplies with expectations of netting only a couple thousand dollars in profit.

Farmers deserve our respect and appreciation. They also deserve extra safety nets. One of these comes in the form of Chapter 12 bankruptcy. Chapter 12 provides qualifying family farmers and family fishermen with special debt relief that is not available to anyone else. It enables a family farmer to keep his or her farm, reorganize debts, obtain debt relief and continue to operate in a more efficient and profitable manner.

In short, Chapter 12 bankruptcy provides farmers with an opportunity to arrange a repayment plan without losing their farm equipment or land.

To our knowledge, the law firm of Heard, Ary & Dauro, LLC, in Huntsville, Alabama, is one of only a handful of firms in northern Alabama that provides Chapter 12 bankruptcy representation for family farmers and family fishermen. Given the complexities of the process, it is important to work with a bankruptcy lawyer who is experienced in filing for Chapter 12.

A Chapter 12 case cannot be converted to a Chapter 7 by anyone but the debtor. Family farmers and family fisherman enjoy a stay from creditor demands while they propose a repayment plan.

A family farmer is defined as someone whose debts do not exceed $3,544,525 (as of 2011), who receives more than 50 percent of his or her gross income from farming, and whose farm debts are at least 50 percent of his or her total noncontingent, liquidated debts, excluding a residence. A family fisherman is defined as someone whose debts do not exceed $1,642,500 (as of 2011), who receives more than 50 percent of his or her gross income from fishing, and whose fishing debts are at least 80 percent of his or her total noncontingent, liquidated debts, excluding a residence.

Chapter 12 cases are a hybrid between a Chapter 13 and a Chapter 11. They are more flexible than a Chapter 13 and they have advantages over a Chapter 11. A Chapter 12 is more "debtor friendly" than a Chapter 11 or even a Chapter 13 bankruptcy. Also, in a Chapter 12, there is no means test and Chapter 12 allows lowering of all debts, even homestead, to their value instead of the amount owed.

Huntsville/Madison Farmer Bankruptcy Attorneys Serving Huntsville, Athens, Decatur, Florence And Beyond

Our Huntsville Chapter 12 attorneys can help you through the entire process. They will create a repayment plan that you can manage and that is acceptable to the court. If your family farm, ranch or fishing operation is burdened with unmanageable debt, we can help. Call 256-715-5184 locally or toll free at 800-276-7716, or use the contact form on this website to schedule a meeting.

We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code.