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Chapter 12 Filing Requirements

Chapter 12 is available to a family farmer or family fisherman with regular annual income while preserving the rights of farm lenders; the “family farmer” may be an individual, a corporation, or a partnership. Family farmers or fishermen involved in a Chapter 12 reorganization are considered, and are referred to, as debtors-in-possession. A trustee is appointed, but the debtor continues to control assets and conduct operations. However, a Chapter 12 case may not be filed pro se if it is a corporation or partnership, including but not limited to a sole-member LLC, subject to the provisions of Local Rule 1074-1.

FILING FEE

See the Court’s fee schedule for the most up-to-date information regarding the Chapter 12 filing fee. The fee may not be filed in installments.

FORMS

All bankruptcy forms may be obtained at https://www.uscourts.gov/forms/bankruptcy-forms.

DOCUMENT REQUIREMENTS

Please be advised that the starred items below are required to file a case with the Court, even a "skeletal" or emergency case. If any of the starred items below are missing, the Clerk's Office will be unable to accept your documents and open your case.

  • Voluntary Petition Official Form B101 (Page 1-8)*  non-individuals use Form B201
  • Additional Schedules:     
    • Statement of Financial Affairs for Individuals Filing for Bankruptcy (individuals) (Official Form 107)
    • Schedule A/B - Property (Official Form 106A/B)
    • Schedule C - The Property You Claim as Exempt (Official Form 106C)
    • Schedule D - Creditors Who Have Claims Secured by Property (Official Form 106D)
    • Schedule E/F - Creditors Holding Unsecured Claims (Official Form 106E/F)
    • Schedule G - Executory Contracts and Unexpired Leases (Official Form 106G)
    • Schedule H - Your Codebtors (Official Form 106H)
    • Schedule I - Your Income (not required for non-individual filings) (Official Form 106I)
    • Schedule J - Your Expenses (not required for non-individual filings) (Official Form 106J)
    • Summary of Your Assets and Liabilities and Certain Statistical Information (Official Form 106Sum)
    • Declaration About an Individual Debtor's Schedules (Official Form 106Dec)
    • Disclosure of Compensation of Attorney for Debtor(s) (not required for pro se filings)
    • Notice Required by 11 U.S.C § 342(b) for Individuals Filing for Bankruptcy (required only if pro se debtor) (Official Form 2010)
    • Bankruptcy Petition Preparer's Notice, Declaration, and Signature (required only if pro se debtor has obtained a processing service to complete their petition) (Official Form B119)
  • Mailing Matrix* (this is a typed mailing list of just names and addresses for all your creditors, codebtors and other parties listed in your bankruptcy; the Court uses it to create a mailing database. It must be typed and if possible, should be single-column. No case will be accepted without a matrix)
  • Statement About Your Social Security Numbers* (required only if debtor is an individual)
  • Certification of Pre-petition Credit Counseling* (individual debtors only)
  • Corporate Resolution (required only if debtor is a corporation)*
  • Corporate Ownership Statement (required only if debtor is a corporation)

*These documents are required to file a “skeletal” petition.
All remaining schedules and the Statement of Social Security Number must be filed with the Court within fourteen (14) days from the date of filing.