David Benson

1. Provides personal service There are entities out there that, in bankruptcy circles, are called “mills.” Typically, they are accused by other attorneys of filing lots of cases without much quality or care. For example, you might run into a law firm that does a lot of advertising on TV or through the internet, presses …

Chapter 16
What the 10 most important attributes to look for when hiring a zombie-killing debt/bankruptcy/mortgage defense attorney? Read More »

Some debtors find that they fall victim to the 1-2 punch. They have emerged from bankruptcy with a fresh start only to have another disappointment or tragedy to befall them. It may be the sudden death of a loved one, the loss of a job or a major medical event. In any case, bankruptcy is …

Chapter 15
How long do I have to wait until I can file bankruptcy again? Read More »

Many of our clients are tempted to manipulate their property and play fast and loose with their debts in order to get the greatest benefit going into bankruptcy. The problem with these overactive debtors is they don’t realize they can really screw things up! What follows are a few examples of things we have seen …

Chapter 14
WARNING: These things can really mess up your case! Read More »

One of the largest concerns of anyone filing for bankruptcy is what will become of their personal possessions in a Chapter 7 bankruptcy. After consulting with an attorney, some people may have the desire to hide or sell assets to prevent the trustee from seizing them. However, these efforts should be avoided as they can …

Chapter 13
Can I hide or transfer my most valued items to friends or family prior to filing bankruptcy? Read More »

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 »