Chapter 12 Bankruptcy: Financial Relief for Family Farmers and Fishermen in Arkansas and Oklahoma

June 19, 2025

Chapter 12 Bankruptcy: Financial Relief for Family Farmers and Fishermen in Arkansas and Oklahoma

Running a family farm or fishing operation isn't just a job—it’s a way of life. But when economic hardship hits, debt can quickly become unmanageable. Whether due to crop failure, market fluctuations, drought, or rising costs, financial strain in these industries can feel overwhelming. Fortunately, Chapter 12 bankruptcy was designed specifically for people in your shoes—and it may offer the path forward you’ve been looking for.


What Is Chapter 12 Bankruptcy?

Chapter 12 bankruptcy is a special form of reorganization relief created exclusively for family farmers and fishermen. Unlike other bankruptcy chapters, it considers the seasonal nature and unpredictable income of agricultural and fishing operations. The goal is to give families the breathing room they need to retain their land, equipment, and livelihood, while working out a realistic debt repayment plan over three to five years.


Chapter 12 is especially important in rural states like Arkansas and Oklahoma, where farming and fishing are vital to local economies and family traditions.


Who Qualifies for Chapter 12?

To be eligible, you must meet specific criteria, such as:


  • Regular annual income from farming or fishing activities
  • Total debt within allowable limits, with a significant portion tied to the operation
  • For farmers: At least 50% of income must come from farming
  • For fishermen: At least 80% of income must come from commercial fishing


You can apply as an individual, a married couple, or a family-owned business entity—so long as you can show that your operation is family-run and meets the federal guidelines.


How Is Chapter 12 Different from Chapter 7 or Chapter 13?

  • Chapter 7 is a liquidation bankruptcy that may require the sale of assets to pay creditors, and is typically not suitable for those wanting to continue operating a farm or fishing business.


  • Chapter 13 allows for debt reorganization, but was originally intended for wage earners and has tighter debt limits that often disqualify commercial farming or fishing operations.


  • Chapter 12, by contrast, is specifically tailored to meet the higher debt levels and cash flow challenges of agricultural and fishing families. It offers more flexible repayment terms and greater protection for essential equipment, livestock, and property.


What Can Chapter 12 Do for You?

Filing for Chapter 12 bankruptcy:


  • Stops creditor harassment and collection actions
  • Prevents foreclosure or repossession of farmland, fishing equipment, or machinery
  • Allows you to restructure secured and unsecured debts
  • Offers a court-approved plan to repay debts while keeping your business running
  • Gives you time to renegotiate contracts, leases, or tax obligations


In some cases, you may even reduce the total amount owed or extend payments on certain debts—making it easier to stabilize your finances and get back on track.


Why Legal Guidance Matters

Chapter 12 may be simpler than Chapter 11, but it still involves strict eligibility rules, detailed documentation, and court approval. At Carl W. Hopkins, PA, we help family farmers and fishermen in Van Buren, Arkansas and across Oklahoma determine if Chapter 12 is right for them—and we walk them through every step of the process.


We know how much is riding on your ability to stay operational. That’s why we work closely with each client to create a plan that protects what matters most: your land, your legacy, and your livelihood.

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