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HAWKINS v. LANDMARK FINANCE CO.

No. 83-1497.

727 F.2d 324 (1984)

Harold J. HAWKINS and Eugenia B. Hawkins, Appellants, v. LANDMARK FINANCE COMPANY, Appellee. In re Harold J. HAWKINS and Eugenia B. Hawkins, Debtors.

United States Court of Appeals, Fourth Circuit.

Decided February 7, 1984.

Attorney(s) appearing for the Case

James C. Sarratt, Greenville, S.C. (William T. Clarke, Greenville, S.C., on brief) for appellants.

Lawrence W. Johnson, Jr., Columbia, S.C. (James M. Brailsford, III, Robinson, McFadden, Moore, Pope, Williams, Taylor & Brailsford, P.A., Columbia, S.C., on brief), for appellee.

Before WINTER, Chief Judge, WIDENER, Circuit Judge, and MICHAEL, District Judge.

HARRISON L. WINTER, Chief Judge:

The debtors in this bankruptcy proceeding erroneously listed a debt owed Landmark Finance Company (Landmark) as unsecured when it was in fact secured. The nature of the security was such that, under state law, it could have been avoided. After the case was closed following the debtors' discharge, Landmark began proceedings to foreclose on its security, and the debtors then sought to reopen their case so as to file a lien avoidance...

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