"California Chapter 12"
A unique provisions of the Code limited in application to family farmers. To be a qualified family farmer,
the majority of income earned must be earned from farm operations. As a rural business operation, the homestead exemption is
also available according to general California bankruptcy laws.
| 11 U.S.C. §1203: "Rights and powers of debtor. Subject to such limitations as the court
may prescribe, a debtor in possession shall have all the rights, other than the right to compensation under
section 330, and powers, and shall perform all the functions and duties, except the duties specified in paragraphs
(3) and (4) of section 1106(a), of a trustee serving in a case under chapter 11, including operating the
debtor's farm" |
The California Bankruptcy Courts adopted new statutory limits (dollar amounts) within Title 11 of the U.S.
Code. Section 109(e) - the allowable debt limit for unsecured debt is increased to $307,675. The allowable
debt limit for secured liabilities is increased to $922,975. The minimum aggregate claims need to commence an
involuntary petition under Section 303(b) is increased to $12,300. Exemptions provided by Section 522 are also
increased. The maximum value of homestead equity that may be claimed is increased to $18,450. Other exemption
increases include paragraphs (2) through (8). Luxury goods and services obtained within 60 days before filing
are nondischargeble, if exceeding the newly amended amount of $1,225. These amounts are adjusted automatically
by California bankruptcy courts every three years.
Back to California Bankruptcy words & phrases.
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