- Ag Docket
(debtors, married couple, operate farm with son and married couple filed Chapter 12 and son filed separate Chapter 12; parties form LLC in 2008 for which a loss was reported in 2008 and 2009; wife worked off-farm as a school teacher and LLC projected to have income in 2010 and 2011 based on wife's off-farm income and husband's receipt of retirement income; eligibility for Chapter 12 challenged for failure to have more than 50 percent of income from farming during applicable measuring period; farm income flows through to debtors for purposes of 50 percent test and debtors determined to have sufficient farm income from which to pay debts under Chapter 12 plan; debtors qualify for Chapter 12; in later case in which bankruptcy trustee filed objections to debtors' amended Chapter 12 plan, court determined that debtors' plan did not meet confirmation requirements of 11 U.S.C. Sec. 1225 in that debtors did not commit all disposable income to their plan as required by Sec. 1225(b)(1)(B); In re Sandifer, No. 11-00095, 2011 Bankr. LEXIS 1926 (Bankr. D. S.C. May 25, 2011)).
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