Benjamin Rafael Levinson

Benjamin Rafael Levinson

also known as Ben

4.3
Rating: 7.8

Licensed for 41 years

Bankruptcy and debt Lawyer at San Jose, CA
Practice Areas: Bankruptcy & Debt, Foreclosure, Real Estate

4100 Moorpark Avenue, Suite 233, San Jose, CA

About Benjamin

Biography

Practice Areas

3

Practice Areas

Bankruptcy and Debt 80%

Representation of lenders and other creditors in all chapters of bankruptcies filed in all four districts of California. Handling appeals of adverse judgments in Bankruptcy Court. .

41 years

80%
Foreclosure 10%

Defense of lenders and foreclosure trustees in actions in California state court and bankruptcy court brought by borrowers who seek to restrain the lender’s non-judicial foreclosure sale or seek to set aside a foreclosure sale that has taken place.

41 years

10%
Real Estate 10%

Represent lenders in judicial foreclosure actions and lenders and receivers in actions to obtain rents and profits of rental property by voluntary turnover and by appointment of a receiver for the property.

41 years

10%

Fees and Rates

Cost

Hourly Rates

$ 495-495 per hour


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Licenses

Licensed in California for 41 years

State: California

Acquired: 1984

Active

No misconduct found

Location

Law Office Of Benjamin Levinson, a Professional Corporation

4100 Moorpark Avenue, Suite 233, San Jose, CA, 95117

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Benjamin Rafael Levinson's Reviews

Avvo Review Score

4.3 /5.0

12 Client Reviews

Filter Avvo Reviews (12) Refine reviews to match your needs. Use the filters to quickly surface reviews that align with your case or priorities.

Showing 1 - 5 of 6 reviews | Advocacy

Posted by Nick | November 12, 2015 | Bankruptcy & Debt

Incompetent

I am a hard-money investor and I go through a small company who finds the borrower and set up the account. Hard-money is for people with poor credit and could not find a regular low-interest Real Estate loan through regular banks. Therefore a higher-interest hard money. Most of time, this small co...mpany will find several investors to come up with all the money but they have no money of their own in it. They make their money by the fees they charge for the loan and to service the loan. In this case, the borrower filed bankrupt and that small company wants to hire attorney Levinson. It was their decision and I agreed. Frankly I do not know what to expect other than the best. I have since learned a thing or two. Whenever someone filed bankrupt, there is an Automatic-Stay, where all money and assets are frozen. Levinson was not able to lift the Stay, the one and only job that he was hired to do and failed. I have since learned there is a HUGE conflict of interest between the investors and the small company. In the early days of the case, Levinson was defending the investors and the small company in the same time, paid by investors, not by the small company. I guess the small company found this job for him and this is his pay back. The small company later hired their own attorney. The borrower next filed lawsuit of Predator-Lending against all the investors plus the small company. The 2nd case should be against the small company and not the investors. Levinson did the standard paper work of filing Answers, or basically done nothing in my mind. Maybe he could file Demur? I learned Levinson spends 80% of time in creditor bankruptcy. Since attorneys are very specialized, this may not be his area. Therefore we spend a lot of money with no result. But Levinson is good with one thing. He made a huge effort to collect from all investors. We are all very upset with him.

Benjamin Levinson

Replied last November 12, 2015

The result obtained for this former client was a complete win in the bankruptcy adversary complaint filed against him and about 15 other investors of multiple loans that were refinanced five times. They were dismissed from the complaint without having to pay any settlement money. His only complaint was that he had to pay a portion of my attorney fees and that the loan servicing agent did not pay my fees. I had to sue him for my fees and prevailed since he had hired me under a written contract.

Posted by Nelson | July 31, 2015 | Bankruptcy & Debt

Ben Levinson - real estate foreclosure & bankruptcy case

I hire Ben to handle a foreclosure bankruptcy case for me where the borrower had default, was foreclosed on, and then filed bankruptcy. Ben was very effective and representing my rights as a lender and being successful in getting all my investment back, pulse costs, default interest and legal fees. I... can recommend Ben for his professionalism and expertise.

Posted by Leo K | October 16, 2014 | Bankruptcy & Debt

Wonderful Attorney

I have been a lawyer for over 40 years. I also make hard money loans. One of my borrowers filed bankruptcy and I hired Ben to represent me in a difficult case. Ben was wonderful. He expeditiously reached a totally successful conclusion. His fees were also fair and reasonable. I would absolutely hire ...Ben in any other real estate litigation or bankruptcy case that I had.

Posted by Ron | October 13, 2014 | Foreclosure

Excellent Attorney

Benjamin R. Levinson- His knowledge and ethical approach pertaining to foreclosures is excellent. Ben's communication and updates on the foreclosure procedures made my job as a hard money lender easy. As a client, he was hired to protect my investment within the guidelines of the Law. I would highly... recommend Ben's services to anyone with Bankruptcy or Foreclosure issues. Ron

Posted by Ron | October 12, 2014 | Bankruptcy & Debt

Represented our mortgage company including our investors

Ben Levinson has done outstanding work for us for the past several decades. He has handled our bankruptcy cases from start to finish. He also represented us at various times when borrowers would file frivolous law suits against us. Ben always kept us well informed of the process and was professional ...in dealings with us and our investors.

See All Client Reviews

Benjamin Rafael Levinson's Lawyer Endorsements

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Experience

Rating:  7.8 (Very Good)

Honors

2022

Dorothy Schick Member of the Year, United Trustees Association

Work Experience

1985 - Present

Attorney, Law Office of Benjamin R. Levinson, A Professional Corporation

Associations

2018 - Present

Bar Association of San Francisco

Member

2005 - Present

California Mortgage Association

Member

2002 - Present

American Bankruptcy Institute

Member

1995 - Present

United Trustees Association fka California Trustees Association

Member

1984 - Present

State Bar of California

Member

1984 - Present

Santa Clara County Bar Association

Member

Bay Area Bankruptcy Forum

Member

2015 - 2021

United Trustees Association

Board of Directors

Sample of Legal Cases

Farahani v. Floria

Prevailed for Lender.

Melendrez v. D & I Investment, Inc.

Prevailed for a foreclosure buyer.

Resolution Trust Corporation v. Bayside Developers

Prevailed for Lender.

Pacific Loan Management v. Superior Court

Prevailed for a foreclosure trustee.

See More Legal Cases

Education

1984

Santa Clara University

JD - Juris Doctor

1979

University of California Santa Barbara

BA - Bachelor of Arts

Speaking Engagements

2024

UTA Annual Conference

Bankruptcy Update

2023

UTA Annual Conference

Bankruptcy Update

2023

CMA Webinar

Bankruptcy Issues in 2023

2022

UTA Annual Conference

Bankruptcy Update with Judges

2021

UTA Annual Conference

Bankruptcy Update with Judges

2020

CMA Fall Seminar

Bankruptcy Basics for Lenders

2020

California Mortgage Association Fall Conference

Bankruptcy Update

2019

UTA Annual Conference

Bankruptcy Update

2018

United Trustees Association Annual Conference

Bankruptcy Update

2017

United Trustees Association Annual Conference

Bankruptcy Update

2017

California Mortgage Association Winter Seminar

Using Receiverships Effectively

2017

California Mortgage Association Spring Seminar

Legal Update

2017

California Mortgage Association Fall Seminar

Bankruptcy Basics

2017

California Mortgage Association Fall Seminar

Legal Update

2016

United Trustees Association Annual Conference

Bankruptcy Update

2015

United Trustees Association Annual Conference

Bankruptcy Update

2015

California Mortgage Association-Spring Seminar

Creditor's Rights

2014

United Trustees Association Annual Conference

Ask the Judges-Moderator

2014

United Trustees Association Annual Conference

Bankruptcy Update

2013

United Trustees Association Annual Conference

Bankruptcy Update

2012

United Trustees Association Annual Conference

Ask the Judges-Moderator

2012

United Trustees Association Annual Conference

Bankruptcy Update

2012

California Mortgage Association Seminar

Writing a Loan on Property which Currently is in Foreclosure or has been Purchased at Trustee's Sale

2011

United Trustees Association Annual Conference

Bankruptcy Update

2010

United Trustees Association Annual Conference

Ask the Judges-Moderator

2010

United Trustees Association Annual Conference

Bankruptcy Update

2009

United Trustees Association Annual Conference

Bankruptcy Update

2008

United Trustees Association Annual Conference

Bankruptcy Update

2007

United Trustees Association Annual Conference

Bankruptcy Update

2006

United Trustees Association Annual Conference

Bankruptcy Update

2005

United Trustees Association Annual Conference

Bankruptcy Update

Publications

2023

California Mortgage Association A Potpourri of Bankruptcy Issues for Lenders

2017

United Trustees Association Spring Quarterly 2017 HOMEOWNERS ASSOCIATIONS AND THEIR COUNSEL MUST COMPLY WITH THE FAIR DEBT COLLECTION PRACTICES ACT IN SENDING OUT DEBT COLLECTION LETTERS REQUIRED UNDER THE CALIFORNIA DAVIS-STIRLING ACT THREATENING TO RECORD A LIEN BASED ON DELINQUENT ASSESSMENTS.

2015

United Trustees Association Spring Quarterly The Bankruptcy Appellate Panel of the Ninth Circuit Follows Precedent in Holding That a Post-Petition Prosecution of Contempt Proceedings Against a Debtor Does Not Violate the Automatic Stay

2015

United Trustees Association-Winter Quarterly CHAPTER 20 LIEN STRIPS NOW ALLOWED UNDER 9TH CIRCUIT LAW.
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