Family farms and individual farmers
Farmers who need relief from creditor demands and want to protect their land, equipment, and operation.
Agricultural Bankruptcy
Chapter 12 Agricultural Bankruptcy & Restructuring
Our attorneys have a long history of serving farmers and agricultural businesses. Chapter 12 lets you keep farming or fishing while you repay creditors under a court-approved plan.
Overview
How Chapter 12 bankruptcy works
Once you file, creditors must stop foreclosure proceedings, cannot repossess equipment, and cannot contact you to demand payment. Filing may also allow you to use proceeds that would otherwise go to creditors to complete the farming or fishing season.
A trustee familiar with the agricultural industry oversees your case and works with you and your attorney to get a repayment plan approved, typically over three to five years. You continue to farm or fish and make annual payments under the plan. When you complete the plan, any debt not provided for in it is discharged.
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Behind on land or equipment loans
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A lender threatening foreclosure or repossession
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A blanket crop lien dispute
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A bad season that left you unable to pay creditors
Our Approach
Experience with the challenges farmers face
Our attorneys have represented hog farmers, family farms, individual farmers, livestock operations, row crop operations, produce growers and packers, and other agricultural businesses.
Restructuring farm debt means looking beyond the loans. We consider how financing, government programs, and crop insurance affect your ability to structure a workable repayment plan, and we discuss your options in detail before anything is filed.
Who We Help
Who we represent
Agricultural businesses
Livestock, row crop, and produce operations, including growers and packers, that need to restructure debt.
Our Services
Areas of agricultural practice
Not sure which service fits your situation? Contact us and we will help you sort it out.
Request A ConsultationChapter 12 filing
Preparing you for the process, filing your case, and getting your repayment plan approved.
Blanket crop lien disputes
Resolving disputes with lenders over liens on your crops and farm proceeds.
Loan term negotiation
Negotiating loan terms with agricultural lenders.
Refinancing and restructuring
Restructuring farm debt, inside or outside of bankruptcy.
Bankruptcy litigation
Representation in disputes that arise during an agricultural bankruptcy case.
Biggs Law Firm
Meet your attorney
Board Certified Specialist in Business and Consumer Bankruptcy Law.
Laurie B. BiggsFounding Partner
View Full BioAgricultural RestructuringYour First Consultation
Preparing for Your Consultation
What to bring
Bring your loan and financing documents, any lien or foreclosure notices, recent farm income and expense records, and information about your land and equipment. We will let you know if we need anything else.
Call 919-375-8040 to scheduleFAQ
Frequently asked questions
These answers are general information, not legal advice. Every situation is different, so talk with an attorney about yours.
Can I keep farming during Chapter 12?
Yes. You continue to farm or fish while you make payments under your court-approved plan.
How long does a Chapter 12 plan last?
Chapter 12 plans typically last three to five years.
How is Chapter 12 different from Chapter 11?
Chapter 12 is designed specifically for family farmers and fishermen. It is generally simpler than Chapter 11, and plan payments can follow the seasonal income of a farming or fishing operation.
Is farm debt affecting your land, equipment, or next season?
Schedule a consultation with one of our attorneys.