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...
Critical Case Comment
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By Henry E. Hildebrand, III
A Chapter 13 debtor may void a valueless lien even where the creditor does not file a proof of claim. (Diaz) Burkhart v. Grigsby et al, 2018 WL 1526628 (4th Cir., March 29, 2018)
Case Summary
Michael and Teresa Burkhart filed a Chapter 13 bankruptcy petition in September of 2012. Their home was encumbered by four liens. The first lien, held by Chase Bank, was for $609,500. The second and third liens were held by Tri-County Bank totaling $127,700 and a forth lien held by PNC . . .
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