David Benson

There are two scenarios that may play out in Ohio when it comes to mortgage deficiencies following foreclosure. The first is that the lender may walk away from the deficiency and the second is that the lender secures a deficiency judgment which it may attempt to enforce through bank attachments and wage garnishments. We know …

Chapter 12
My house was sold by the sheriff and there is a balance left. What could possibly go wrong? Read More »

So your license was suspended for DUI. Or maybe you merely failed to show proof of insurance at a traffic stop. Or you were randomly selected to show you have insurance and you didn’t have any. Maybe you accumulated 12 points in a 2-year period. Or you might have caused an accident but weren’t insured. …

Chapter 11
My driver’s license has been suspended. Will bankruptcy help me get it back? Read More »

You have been sued on a debt and either you didn’t receive notice at your current address or you got notice and just didn’t know what to do. In any case, the creditor suing got a judgment against you and proceeded to file a garnishment action to collect on that judgment. Sometimes, the creditor will …

Chapter 10
They just garnished my paycheck! Can I make them stop? Read More »

You and your husband have a beautiful home in an inner-ring suburb of Cleveland. You love your life there and everything had been going smoothly. Your husband is a contractor and you have a part-time job so you can bring in some money but also spend quality time with the kids. Then, your world is …

Chapter 9
Can bankruptcy stop a foreclosure? Read More »

When filing for bankruptcy, protecting a home or cars is often on the front of many people’s minds. This is probably because of a common misconception that the government and creditors will be permitted to seize all your assets and liquidate your entire estate. However, there are many ways in which your property can be …

Chapter 8
Will I have to give up my car or lose my home? Read More »

How a bankruptcy filing affects a person’s credit score is a major concern of almost everyone who is considering the benefits of starting over. Unfortunately, there is a lot of misinformation out there passed along by well-meaning friends and family members. The truth about how a consumer’s credit changes depends a lot on what their …

Chapter 7
What is the effect on my credit score? Read More »

Most people contemplating bankruptcy obviously are in a financial bind. As a result, it is natural that one of the questions they ask of a bankruptcy attorney is how much it will cost to file. While this desire to keep the cost as low as possible is understandable, those considering bankruptcy should be aware that …

Chapter 6
How Much Should It Cost to File Bankruptcy? Read More »

If you make more than the median income for your household size and cannot pass the Means Test, you may be unable to qualify to file bankruptcy under Chapter 7. Most debtors who do not clear these two hurdles will then opt for filing under Chapter 13 and perform a Wage Earner Plan for the …

Chapter 5
What if I make too much money for a Chapter 7 and run afoul of the Chapter 13 limits? Read More »

Although most folks looking for relief from overwhelming debt would prefer the “quick and dirty” Chapter 7 discharge, there are several reasons why filing under Chapter 13 and making payments for 3-5 years might be preferable. Of course, those households with over-the-median income will likely have to file a Plan anyway and may not have …

Chapter 4
What are the benefits of Chapter 13 Wage Earner Plan? Read More »

Many clients ask about the differences between the various chapters in bankruptcy and whether they have a choice in determining under which chapter they will file. The answer is, as in many things in life, it depends. Qualifying for a Chapter 7 case (liquidation) will require that either: (1) the debtor’s household income falls below …

Chapter 3
What are the benefits of filing under Chapter 7? Read More »