David Michael Benson

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.

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Ohio

Since 1993

U.S. Bankruptcy Court for the Northern District of Ohio

U.S. District Court for the Northern District of Ohio

U.S. Supreme Court

Since 2013

Managing Attorney

Benson Law Firm

2003 - Current

Publisher/Editor in Chief

Ohio Lawyers Weekly

1997 - 2003

Attorney Editor

Thomson West

1993 - 1997

Case Western Reserve University School of Law

J.D. (1992)

1989 - 1992

Case Western Reserve University

MBA (1992) | Finance

1988 - 1992

Oberlin College

B.A. (1980)

1975 - 1980

Superb Rating

Avvo

2018

Client Distinction Award

Martindale-Hubbell

2016

Outstanding Journalism Award

Ohio Academy of Trial Lawyers

1992

National Association of Consumer Bankruptcy Attorneys

Member

2009 - Current

Ohio State Bar

Member

1993 - Current

Ohio Foreclosure Defense and Workout Strategies

Aspatore

2010

A+

Better Business Bureau

Q. In Northern District of Ohio Bankruptcy Court, is requesting cramdown via plan sufficient or a motion has to be filed?

January 12, 2011

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, ... Read More