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In general, to be considered a family farmer by the Code, the majority of the debtors income must be earned
from farming operations, and, this income must be sufficiently stable to make regular payments to a trustee
while the plan is pending.
| 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 Ohio 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 Ohio bankruptcy concerning such individual or
such individual and spouse was filed. |
Most Courts across the county, including Ohio bankruptcy Courts, require all cases to be filed
electronically. Electronic filing includes online submission and filing by diskette at the clerk's office. On
03-15-04 the Ohio Bankruptcy Court for the Northern District issued the following order: "Notice to Attorneys
Concerning Paper Filings: Any Attorney wishing to file a new petition or other document on paper, under
circumstances that are not governed by one of the exceptions to mandatory electronic case filing set forth in
Amended General Order 03-1, shall initially file a motion for leave to file on paper. The motion, which may be
filed via the mail or over the counter, shall be accompanied by an affidavit and proposed order. The affidavit
shall set forth the specific reasons that the filing cannot be made electronically."
Back to Ohio Bankruptcy Court words & phrases table.
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