Chapter 12

Chapter 12 Bankruptcy (Family Farmer)

The 1986 Amendments, among other things, adopted Chapter 12 of the Bankruptcy Code entitled Adjustment of Debts of a Family Farmer with Regular Annual Income. Chapter 12 is somewhat similar to Chapter 13 and represents a significant adjustment of the rights of secured farm lenders limited in its effect, however, by the restrictive definition of the term family farmer in § 101(18) which includes a dollar limitation on the amount of debt. It may be generally said that Chapter 12 of the bankruptcy code is somewhat more favorable option to the bankruptcy debtor than Chapter 11 which, in most cases, would be the only viable alternative due to the eligibility standards for Chapter 13, and the fact that a farm is a business enterprise. It is more difficult to obtain the appointment of an operating trustee in Chapter 12, the definition of adequate protection in § 1205 is different from that of § 361, and there is nothing comparable to the § 1111(b)

San Diego, California


San Diego is a coastal Southern California city located in the southwestern corner of the continental United States. As of 2006, the city of San Diego has an estimated population of 1,256,951. It is the second largest city in California and the eighth largest city in the United States. San Diego is the county seat of San Diego County and is the economic center of the San Diego–Carlsbad–San Marcos metropolitan area, the 17th-largest metro area in the U.S. with a population of 2.9 million as of 2006, and the 21st largest Metropolitan area in the Americas when including Tijuana as part of the San Diego-Tijuana Metro.