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David Michael Benson Esq

David Michael Benson Esq

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  • Bankruptcy, Foreclosure Defense, Consumer Law
  • Ohio
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Summary

David 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.

Practice Areas
  • Bankruptcy
  • Foreclosure Defense
  • Consumer Law
Fees
  • Free Consultation
  • Credit Cards Accepted
  • Contingent Fees
Jurisdictions Admitted to Practice
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
Languages
  • English: Spoken, Written
Professional Experience
Managing Attorney
Benson Law Firm
- Current
Publisher/Editor in Chief
Ohio Lawyers Weekly
-
Attorney Editor
Thomson West
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Education
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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Awards
Superb Rating
Avvo
Client Distinction Award
Martindale-Hubbell
Outstanding Journalism Award
Ohio Academy of Trial Lawyers
Professional Associations
National Association of Consumer Bankruptcy Attorneys
Member
- Current
Ohio State Bar
Member
- Current
Publications
Articles & Publications
Ohio Foreclosure Defense and Workout Strategies
Aspatore
Certifications
A+
Better Business Bureau
Websites & Blogs
Website
Website
Legal Answers
1 Questions Answered

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 motion and notice of hearing. Good luck. - BensonBankruptcy.com In Chapter 13,
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Contact & Map
The Hanna Building
1422 Euclid Avenue
Suite 970
Cleveland, OH 44115
USA
Telephone: (216) 241-2510
Fax: (815) 301-8833