Christopher Kern

Christopher Kern

Christopher Kern, Attorney at Law
  • Bankruptcy, Business Law, Probate...
  • Alabama
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Summary

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.

Practice Areas
  • Bankruptcy
  • Business Law
  • Probate
  • Family Law
Jurisdictions Admitted to Practice
Alabama
11th Circuit
US District Court Middle District of Alabama
US District Court Northern District Alabama
US District Court Southern District of Alabama
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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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
Spring Hill College
B.S. (1981) | Political Science
Professional Associations
Alabama State Bar
Member
Current
Mobile Bar Association
Current
American Bankruptcy Institute
Current
American Bar Association
Current
Legal Answers
17 Questions Answered

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.
Q. Can I be sued by a debtor from 1993 when it was cleared as part of bankruptcy in 1997?
A: You use the term "debtor" but I think you mean "creditor", the party to whom you owe the debt. If you listed the debt in your 1997 bankruptcy and proper notice was sent and you received a discharge, the debt is no longer enforceable.
Q. I took out a loan and now I am unable to pay it back will I go to jail?
A: You can not be jailed for failure to pay a debt. The only exception is failing to pay a fine or contempt citation ordered by a judge. Technically, this is not failure to pay a debt, but disobeying a court order.
Q. if your spouse has credit card debt in their name only and they pass away,are you responsile for the balance?
A: No, this is an obligation only of the deceased person. Note, however, that if the deceased had assets, the creditor may have the right to claim payment of the debt against the assets before the assets are distributed to heirs. You should get further advice in this regard.
Q. I am in bankruptcy and I make less, can I reduce the amout that I pay biweekly
A: It sounds like you are in a Chapter 13 case in which you make monthly payments under a plan. Yes, a plan may be modified after it is confirmed to reduce the payments if the financial condition of the Debtor changes.
Q. If i file a chapter 11 business can I add a personal promissory note that includes business assets?
A: Your question is not entirely clear. If you file a Chapter 11 for a business, I assume it is either a corporate business of which you own the stock, or a sole proprietorship owned by you. Because of your question, I am assuming it is a corporation. No, a personal debt is not listed in the corporation debts and collection against you individually could still proceed. If assets owned by the corporation secure the debt, the bankruptcy would prevent them from being repossessed or seized, without court approval.
Q. Can I claim a car on bankruptcy that someone else purchased for me, but I am making the payments?
A: It depends what you mean by "claim a car on bankruptcy." If you are making the payments, but the debt is another person's name, your bankruptcy will not affect the debt. If the car it titled in your name, it is a protected asset and your bankruptcy will keep it from being repossessed, at least until the creditor asks for court permission to repossess it. Because I am not sure what you are asking, you should seek additional advice.
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Contact & Map
Physical Office Address
407 Conti Street
Mobile, AL 36602
USA
Telephone: (251) 438-4357
Cell: (251) 767-5494
Fax: (251) 432-7009
Mailing Address
P.O. Box 48
Mobile, AL 36601
USA