Chris Hawkins was sworn in as a bankruptcy judge for the Middle District of Alabama on March 14, 2022, succeeding Judge William R. Sawyer. Before his appointment, Chris was a partner at Bradley Arant Boult Cummings LLP, where he focused exclusively on bankruptcy and insolvency matters. For over twenty years, he represented debtors and creditors in out-of-court restructurings, commercial and...
From the Editor – Property of Estate and Exemptions
Print This Article
Link to Post:
By The Honorable William Houston Brown (Retired)
Timing of lien avoidance in Chapter 13. Chapter 13 debtor’s avoidance of judgment lien that impaired homestead exemption would be effective immediately to allow recognition of homestead exemption for purposes of plan confirmation, but would not be effective for other purposes until completion of plan and entry of discharge. This would permit the debtors to treat the creditor holding that avoided lien as unsecured in their plan, but the lien would not be completely avoided until the plan was completed and discharge entered. In the event of dismissal . . .
It looks like you are not signed in or registered! This content is only available to members.
Or Sign In Below:
Related Articles
Critical Case Comment– Absolute Right to Dismiss But Not the End of the Story
Delaware Trustee Michael Joseph to Retire
From the Editor
Meet a Newish Trustee
Chris Hawkins Appointed Judge
Critical Case Comment
Upwardly Mobile: An Analysis of the Telecommunications Deduction Line on the Means Test
From the Editor – Claims
The Case for Conduit Mortgage Payments
Avoidance Powers In Chapter 13 – Part 3 of 6