Chapter 12 Filing Requirements

Chapter 12 is designed for "family farmers" or "family fishermen" with "regular annual income."

Credit Counseling
Credit Counseling must be obtained prior to filing Bankruptcy. EXHIBIT D TO OFFICIAL FORM B 1 MUST BE FILED WITH THE BANKRUPTCY PETITION by each individual debtor.

In order to be excepted from filing the certificate of credit counseling, a debtor must either:

  1. Submit a different certificate describing exigent circumstances that merit waiver of the requirement and also states the debtor requested credit counseling but was unable to obtain credit counseling during the 7-day period before filing; OR
  2. Request, in writing, and provide notice that the debtor is unable to obtain credit counseling because of incapacity, disability or active military duty in a military combat zone.

Requirements

Copy Requirement: Original plus one (1) copy
The copy requirement numbers above include the copy to be returned to the filing party. See Local Rules 1002 (a) (1) and 7010 (c) (1)
The IRS has access to documents through the internet, so a copy is not required to be forwarded.