David Michael Benson’s Answers

David Michael Benson

Cleveland Bankruptcy Attorney.

Contributor Level 12
  1. I am being dismissed out of chapter 13 bankruptcy.

    Answered 9 months ago.

    1. David Michael Benson
    2. Dorothy G Bunce
    3. Christine B. Adams
    4. Brent J Jensen
    5. Brian Cullen
    6. ···
    7 lawyer answers

    Whether or not to halt the repossession of a vehicle is a question better explored at length with a competent bankruptcy attorney. If the vehicle is worth less than the loan and the interest rate is high, it may be worth it to either redeem the vehicle or give it up altogether and find a new one with a lower monthly payment. Most bankruptcy lawyers will agree to a free consultation during which you can discuss this issue. - BensonBankruptcy.com

    12 lawyers agreed with this answer

  2. What has to be included on Chapter 7 bankruptcy?

    Answered 4 months ago.

    1. David Michael Benson
    2. Derek R. Caldwell
    3. Robert Parkinson Taylor
    4. Richard Glenn Elie
    5. Richard D. Granvold
    5 lawyer answers

    All your debts and all your assets, as well as all your income and all your expenses, must be included in your bankruptcy. You cannot pick and choose what to list or disclose. If you are unclear, I would suggest sitting down with a local attorney for a free consultation. The penalties and consequences for failure to disclose or list properly within your petition and schedules can be severe. http://bensonbankruptcy.com/

    6 lawyers agreed with this answer

  3. If i filed a ch13 and never went to the meetings how long do i have to wait to refile

    Answered almost 2 years ago.

    1. David Michael Benson
    2. Michael Raymond Daymude
    3. Faezeh Pejman
    4. Gregory Howard Wiley
    5. Manuel Alzamora Juarez
    5 lawyer answers

    If your case has been dismissed due to bad faith or it appears you’re trying to use bankruptcy to play games with your creditors, you may have to wait 180 days before refiling. Section 109(g) of the Bankruptcy Code prevents a dismissed debtor from filing during the 180-day window if: (1) the case was dismissed for “willful failure of the debtor to abide by orders of the court, or to appear before the court in proper prosecution of the case” or (2) the debtor dismissed after a creditor filed...

    7 lawyers agreed with this answer

  4. I am a US citizen and have to file BK7 but have Canada consumer debit. Can they come after me here in the USA?

    Answered 4 months ago.

    1. Richard D. Granvold
    2. David Michael Benson
    3. Sandra A Kuhn Esq.
    4. Brian Christopher Fetzko
    5. Derek R. Caldwell
    5 lawyer answers

    A Chapter 7 discharge will prohibit a foreign creditor from pursuing their debt through a collector here in the United States against your American assets. However, foreign assets may be reachable if the country does not recognize US bankruptcies. In the case of Canada, its courts have been willing to recognize US bankruptcy proceedings and to enforce orders entered in the States. - BensonBankruptcy.com

    6 lawyers agreed with this answer

  5. Bankruptcy

    Answered 15 days ago.

    1. Glen Edward Ashman
    2. Shelley Ann Elder
    3. David Michael Benson
    4. Scott Benjamin Riddle
    5. Richard D. Granvold
    6. ···
    7 lawyer answers

    That depends on a lot of factors and is not answerable in a simple posting such as this. I would suggest finding a qualified bankruptcy attorney in your area and request a free consultation. Everyone's situation is different and everyone's long-term goals are different. Take your time and make a decision after you think you have adequate information on your situation and your trusted attorney. - BensonBankruptcy.com

    5 lawyers agreed with this answer

  6. Chapter 7 and monies already received from divorce

    Answered 3 months ago.

    1. Edward Peter Fradkin
    2. Jennifer Norton Weil
    3. Richard D. Granvold
    4. Bruce C Truesdale
    5. Jessica Erin McDuffie-Massey
    6. ···
    12 lawyer answers

    How your attorney is able to marshal your exemptions is critical to determining whether it would be better to file now or perhaps wait until those funds are either spent down or adequately protected in a qualified retirement account. It is important not to undertake these kinds of bankruptcy decisions on your own without the wise counsel of a qualified bankruptcy practitioner. You could end up losing a lot of money unnecessarily.

    5 lawyers agreed with this answer

  7. Chapter 7 mortgage loan account is added back to my credit report

    Answered 4 months ago.

    1. David Michael Benson
    2. Dorothy G Bunce
    3. Shikha Parikh
    4. Sandra A Kuhn Esq.
    4 lawyer answers

    If you did not sign a reaffirmation agreement, your personal obligation on the note has been discharged along with your other dischargeable debts. So I don't see a reason why a post-discharge sale of the loan would be reported to the agencies. I would suggest talking to your attorney about a potential FCRA claim. Good luck! http://bensonbankruptcy.com/

    5 lawyers agreed with this answer

  8. How much should I get for a wrongful foreclosure thats went on for two years

    Answered 4 months ago.

    1. David Michael Benson
    2. Janet Monique Okoye
    3. Barry W. Rorex
    3 lawyer answers

    Ohio is a judicial foreclosure state so the time to bring your defenses and counterclaims is during this process. I'm concerned that you seem to think you know better than the two lawyers you've already used to pursue this claim. If they were not competent, then you probably need to find a local lawyer you can trust and you can do that by contacting your local bar association. If you just didn't like the answers they gave you, that's another matter. Good luck!

    Selected as best answer

  9. I'm a tenant in a building My neighbor passed away ,decayed in her apartment which is in my same floor, the floor smells nasty

    Answered 8 months ago.

    1. David Michael Benson
    2. Peter Stephen Kirner
    2 lawyer answers

    If you want to leave because of the smell and health concerns, document those conditions carefully and start complaining to the landord. You may be able to terminate your lease if you can find a provision having to do with the conditions of which you are complaining. I would suggest calling Housing Advocates, Inc. or the Fair Housing Clinic at Cleveland Marshall College of Law for further direction.

    Selected as best answer

  10. If your wages are garnished after you file bankruptcy where are the funds returned to

    Answered 3 months ago.

    1. Laura Marie Nesbitt
    2. David Michael Benson
    3. Derek R. Caldwell
    4. Richard D. Granvold
    4 lawyer answers

    You may also be able to recover funds garnished within the 90 days before filing if (1) the total amount is $600.00 or more, and (2) the garnishing creditor has cashed the checks from payroll within that period. If the funds meet these criteria, you must exempt the funds by listing them on your Statement of Financial Affairs and Schedules B and C. If you can't exempt the funds, the Chapter 7 Trustee will be entitled to receive them as part of the bankruptcy estate. Of course, the creditor...

    3 lawyers agreed with this answer

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