Agricultural Bankruptcy And Restructuring
Chapter 12 Agricultural And Farm Bankruptcies
At Biggs Law Firm, we take pride in our rich legacy of serving clients in the Agricultural Law sector. Our specialized knowledge and extensive experience in this area has led to our reputation as one of the few law firms in North Carolina that excel in Chapter 12 bankruptcy cases. Our accomplished attorneys have successfully represented a diverse range of clients including hog farmers, family farms, individual farmers, livestock operations, row crop farming operations, produce growers, produce packers, and other agricultural businesses. Our focus is on protecting our clients’ assets and helping them obtain relief from creditor demands.
Filing for Chapter 12 agricultural bankruptcy can be a complicated and daunting process, but it may be the best decision for the financial future and success of your farm or agribusiness. To assist you in navigating this process, our team offers experienced and empathetic legal guidance to safeguard your interests and help you find relief from your debts.
We fully prepare our clients and discuss their options in detail before the process of filing begins. Once deciding Chapter 12 is the right fit for your situation, we will prepare you for the process and guide you through the filing process.
Once you file, your creditors must stop all foreclosure proceedings, cannot repossess equipment, and cannot contact you to demand payment. In addition, filing may allow you to use proceeds that would otherwise be paid to your creditors to complete the farming or fishing season.
A trustee who is familiar with the agricultural industry will help oversee your case and work with you and your attorney to obtain approval for a plan to repay your creditors, typically over three to five years. During this time, you can continue to farm or fish, and make annual payments to the trustee according to your plan. Once you complete your plan payments, any debt not provided for in your plan will be discharged.
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Our Professional Services Include:
Our board-certified bankruptcy attorneys have helped numerous farmers save their family farms and are very familiar with the unique challenges facing the farming industry today. This experience not only extends to restructuring your debts, but to considering the impact of financing, government programs, and crop insurance on your ability to structure the ideal repayment plan.
Areas Of Litigation Practice
- Chapter 12 Filing
- Blanket Crop Lien Disputes
- Bankruptcy Litigation
- Loan Term Negotiation
- Refinancing and Restructuring
Chapter 12 of the Bankruptcy Code was designed specifically for farmers and fisherman because Congress realized that traditional chapter 11 cases did not work well for agricultural operations.
Filing for bankruptcy under Chapter 12 allows you to keep land, equipment, and other assets needed for you to farm or fish. You can complete the season strong without losing cash flow to creditor payments.
You can file a Chapter 12 bankruptcy if you are an individual or a corporation with less than $10 million in total debt with assets primarily related to farming or fishing operations.
Filing a Chapter 12 case immediately stops all collection efforts by your creditors. You no longer need to worry about foreclosure proceedings or equipment repossession.