David Michael Benson
Personal service. Uncompromising loyalty.TMDavid M. Benson is a long-time resident of Cleveland Heights and a practicing attorney since 1993. He has represented hundreds of Ohioans, most of them in bankruptcies on behalf of consumers and small businesses. He has extensive experience in counseling clients on the most advantageous alternatives relating to debt issues, including mortgage foreclosure defense, loan modifications, deeds in lieu of foreclosure and short sales. In addition to bankruptcy and foreclosure issues, Mr. Benson’s practice has included civil litigation arising from small business disputes, debt collection abuse, workplace injuries, disability, motor vehicle accidents and real estate matters. Mr. Benson is a member of the Ohio bar and is admitted to practice before the U.S. District Court for the Northern District of Ohio, the U.S. Bankruptcy Court for the Northern District of Ohio, and the U.S. Supreme Court. Mr. Benson began practicing law after receiving a Juris Doctor from Case Western Reserve University and a Master of Business Administration from the Weatherhead School of Management.
- Case Western Reserve University School of Law
- J.D. (1992)
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- Case Western Reserve University
- MBA (1992) | Finance
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- Oberlin College
- B.A. (1980)
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- Managing Attorney
- Benson Law Firm
- - Current
- Publisher/Editor in Chief
- Ohio Lawyers Weekly
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- Attorney Editor
- Thomson West
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- A+
- Better Business Bureau
- Superb Rating
- Avvo
- Client Distinction Award
- Martindale-Hubbell
- Outstanding Journalism Award
- Ohio Academy of Trial Lawyers
- National Association of Consumer Bankruptcy Attorneys
- Member
- - Current
- Ohio State Bar
- Member
- - Current
- Ohio
- U.S. Bankruptcy Court for the Northern District of Ohio
- U.S. District Court for the Northern District of Ohio
- U.S. Supreme Court
- Free Consultation
- Credit Cards Accepted
- Contingent Fees
- Bankruptcy
- Chapter 11 Bankruptcy, Chapter 13 Bankruptcy, Chapter 7 Bankruptcy, Debt Relief
- Foreclosure Defense
- Consumer Law
- Class Action, Lemon Law
- English: Spoken, Written
- Q. In Northern District of Ohio Bankruptcy Court, is requesting cramdown via plan sufficient or a motion has to be filed?
- A: Since the mortgage cramdown legislation died last year, I am assuming you are referring to car loan cramdowns. Mortgage lien stripping is still permitted (severing the lien on a junior mortgage when the senior mortgage is greater than the value of the property), but cramming down loans to the value of the property does not apply to residences. Investment property, however, is another matter and you may be able to cramdown those loans.
As far as car loans are concerned, cramdown is limited to vehicles purchased more than 910 days prior to filing. These do not require a separate motion, but can be listed in the plan as crammed down obligations. Lien stripping, on the other hand, does require a ... Read More
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