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Christopher Kern
Christopher Kern, Attorney at Law
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Biography
Christopher Kern has represented individual and business clients for over 25 years in Alabama, and in courts in other states. Because of his vast experience in bankruptcy law, Kern does a substantial amount of creditor and debtor bankruptcy work, including corporate reorganization in Chapter 11. Recognizing that his clients are also involved in other legal matters, Kern is also happy to assist his clients in areas such as wills, real estate, family law and general business matters.
Education
- Cumberland School of Law, Samford University
- J.D. (1984)
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- Honors: Member National Moot Court Team, American Journal of Trial Advocacy
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- Spring Hill College
- B.S. (1981) | Political Science
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Professional Experience
- Partner
- Miller, Hamilton, Snider and Odom, LLC
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- Law Clerk
- Bankruptcy Judge Arthur Briskman
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- Staff Attorney
- US Bankruptcy Administrator
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- Law Clerk
- Bankruptcy Judge Edwin Breland
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- US Bankruptcy Court Northern District of Alabama
- Law Clerk
- Justice Oscar Adams, Alabama Supreme Court
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Professional Associations
- Alabama State Bar
- Member
- Current
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- Mobile Bar Association
- Current
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- American Bankruptcy Institute
- Current
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- American Bar Association
- Current
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Jurisdictions Admitted to Practice
- Alabama
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- 11th Circuit
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- US District Court Middle District of Alabama
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- US District Court Northern District Alabama
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- US District Court Southern District of Alabama
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Practice Areas
- Bankruptcy
- Chapter 11 Bankruptcy, Chapter 13 Bankruptcy, Chapter 7 Bankruptcy, Debt Relief
- Business Law
- Business Contracts, Business Dissolution, Business Finance, Business Formation, Business Litigation, Franchising, Mergers & Acquisitions, Partnership & Shareholder Disputes
- Probate
- Probate Administration, Probate Litigation, Will Contests
- Family Law
- Adoption, Child Custody, Child Support, Father's Rights, Guardianship & Conservatorship, Paternity, Prenups & Marital Agreements, Restraining Orders, Same Sex Family Law
Legal Answers
- Q. I had a case dismissed in 2011. I am trying to refinance my house and found out they have a lien on it and I was NEVER
- A: There is a provision in bankruptcy law that allows a debtor to "avoid" or remove a judgment lien to the extent it impairs exempt property. This must be done while the case is still pending. If a debtor does not know about a judgment, or does not tell the attorney, then the attorney will not file the appropriate motion. It is fairly common that these issues arise later down the road and cases must be reopened to avoid such a judgment lien. Contact an attorney for more information.
- Q. Can i file bankrupcy if i own my homw?
- A: Generally, ownership of real estate will not affect your right to file a bankruptcy. Often, debtors file Chapter 13 in order to catch up payments when they are behind on a mortgage. Often debtors file Chapter 7 to discharge debt but "reaffirm" a mortgage debt, that is, reinstate it and keep paying. Note however that if you have equity in real estate you may NOT be allowed to keep it. Please seek an attorney's advice on this.
- Q. Can i get a new account before i file bankruptcy and have it included as a creditor.
- A: You can not do this with the intent to discharge that debt. This would be fraud and make the debt non-dischargeable. If you obtained a new account, and later, even shortly later, decide to file bankruptcy, this would not be fraud.
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