Texas Bankruptcy
Laws & Lawyers 		Define: Texas Family Farmer
Texas Bankruptcy Law Summaries

"Texas Family Farmer"

In general, to be considered a Texas Family Farmer under Chapter 12 of the Federal Bankruptcy Code, the majority of the debtor's income must be derived from actual farming operations, and, as an additional condition of filing Chapter 12 as a Texas Family Farmer, annual net farm income must be sufficient to support regular annual payments to the trustee for disbursement to creditors.

11 U.S.C. 101(18) defines an individual family farmer as a person, and spouse if any, engaged in a farming operation whose aggregate debts do not exceed $1,500,000 and not less than 80 percent of whose aggregate noncontingent, liquidated debts (excluding a debt for the principal residence of such individual or such individual and spouse unless such debt arises out of a farming operation), on the date Texas bankruptcy is filed, arise out of a farming operation owned or operated by such individual or such individual and spouse, and such individual or such individual and spouse receive from such farming operation more than 50 percent of such individual's or such individual and spouse's gross income for the taxable year preceding the taxable year in which the Texas bankruptcy concerning such individual or such individual and spouse was filed.

Words and phrases used by the court are frequently terms of legal art. In practice, legal terms convey an assortment of requirements for compliance, according to case law, statutes and rules. Although the common usage of a word or phrase may be clear to an average person, legal terminology easily snares unaware pro se debtors because of the complexity of bankruptcy laws. Also be aware, attorneys representing creditors readily sense a pro se debtor's apprehension, and test their knowledge, confidence and compliance. For this this reason, pro se debtors must become their own best advocate, and be capable of defending their right to debt relief according to current laws.

Back to Texas Bankruptcy Courts directory and content.

 
© 2008, all rights reserved, Texas Bankruptcy 1 Com. Updated information for Texas Bankruptcy Courts for Amarillo, Arlington / DFW, Austin, Beaumont-Port Arthur, Brownsville / Rio Grande Valley, Corpus Christi, Dallas, El Paso, Fort Worth, Garland, Houston, Lubbock, Plano, and San Antonio, plus lawyer referral and law firm information about attorneys fee guidelines. For more information, see: Texas Bankruptcy Laws, Courts, Lawyers, Texas Bankruptcy, Texas Bankruptcy Law, Texas Bankruptcy Courts, Texas Bankruptcy Lawyer.