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Benjamin Rafael Levinson

Bankruptcy and debt Attorney at San Jose, CA

4.3   12 reviews

also known as Ben

  • Licensed for 39 years
    State CA
    Acquired 1984
    Status
    Active No misconduct found

We have not found any instances of professional misconduct for this lawyer.

About Benjamin

Learn Benjamin’s areas of practice.

4
Practice areas
  1. Bankruptcy and debt
    65%
    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. .

    39 years

  2. Foreclosure
    20%
    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.

    39 years

  3. Real estate
    14%
    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.

    39 years

  4. Debt collection
    1%
    Represent lenders on unsecured notes to obtain money judgments. Represent judgment creditors to enforce their money judgments.

    39 years

I have been representing lenders and foreclosure trustees in all Bankruptcy Courts and State Courts in California since 1985.  I specialize in creditor bankruptcy representation, foreclosure related litigation on behalf of lenders, receivership actions to collect rents on income property, judicial foreclosures to obtain deficiency judgments, and post-foreclosure evictions.  

 

 

          

Location

Law Office Of Benjamin Levinson, a Professional Corporation
4340 Stevens Creek Blvd.
Suite 199
San Jose, CA, 95129

Bankruptcy lawyers nearby

Reviews

4.3 / 5.0
  12 customer reviews
Posted by Richard | July 20, 2024
This review is from a person who hired this attorney.
| Hired Attorney
Excellent BK Attorney
I was referred by a business associate. Ben was very prompt, very thorough, and very professional. Within a few months of the owner of my property filing Chapter 13, he was able to get a relief from stay so I could foreclose. He was on top of every hearing, timeline, etc. Highly recommended.
Posted by Keith | October 10, 2018
This review is from a person who hired this attorney.
| Hired Attorney
An exceptional attorney who is very reasonably priced
I have hired Ben Levinson (Ben) for over twenty years. During that time, the cases he assisted with ranged from foreclosure issues, bankruptcy issues, real estate in many forms including eviction assistance, to concerns related to notes and loans. Scarcely a year has gone by when I have not had some issue or cause of litigation which required his assistance. His knowledge of the fields above has been quite exceptional. His sheer depth of experience has meant I not only felt comfortable with him in every way, but have recommended him to others, as well as regard him as the man "I go to" first of all. In addition, many of my colleagues in the real estate areas above also consider him the "go to man" nowadays. I doubt if there are many attorneys with his combination of experience and book knowledge combined. I have seen Ben in many different circumstances, and dealt with numerous other attorneys both as a client and adversary. Ben's years of business provides an extensive list of contacts which Ben readily offers to you if needed. This can be very useful where a case is remote from him and minimizes costs by using a local man. I can say he shows no restraint in minimizing exposure to other, cost-saving persons. Such experience also gives a client the inside information on the type of judges at hand, the best practical way to handle a case, and the strength of an opponent both in terms of the case, and his representation. This class of insight can only come from a long period in the field, and direct interaction with the actors in that field. Ben has both. As regards his knowledge of the business, I have seen first-hand his vast knowledge applied in what I know have been really exotic cases to my advantage. I have seen him run rings around other, lesser attorneys who literally lack his understanding and insight. I will add his recognition by the bench also does not harm the client where a judge has to choose between attorney BS and Levinson savoir-faire. With such observations, one would expect a fee that is high. I can state I have found Ben to be quite reasonable. I pay attorneys from $350 per hour to $1,500 per hour. Ben is in the reasonable portion of that range. Furthermore, since your payments as a client are the product of the hourly rate and number of hours, he has not to my knowledge ever added to the hours portion to enhance his bills - in fact quite the contrary. Ben has frequently undercharged for what I was expecting and also given free advice. I wish that were true of all attorneys! Ben has an office that is not large. As such, if your case is huge, an idea may be to have him lead the case, with one of the major "big-name" offices providing back-up. You will only save using this approach, I can guarantee that. I have used a similar approach on three occasions. In all interactions I have found Ben to be honest, forthright, and to the point. A valuable asset when the clock is ticking. He is accessible easily and answers his calls in a timely fashion. This may seem trite, but can be a major problem in getting cases started or questions answered. The contrast between Ben and other attorneys I am trying to deal with makes life so much more easy which is why I choose to deal with him when I can. In short, Ben is both a real professional, who knows his field, and does not inflate charges. A real find, at lease for me, in his world.
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Posted by anonymous | May 29, 2017
This review is from a potential client who consulted with this attorney.
| Consulted Attorney
Very Professional
I consulted with Ben and he let me know that I don't need a bankruptcy lawyer anymore and can continue to pursue my eviction case. I appreciate his honesty and professionalism and would recommend him!
Posted by Nelson | July 30, 2015
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.
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Posted by Jim | June 26, 2015
Experienced, Honest and Trustworthy
I am a private money broker in Northern California who has used Ben on a number of occasions when legal representation was crucial to the success of the situation at hand. Ben kept me informed and was quick to return my inquiries, which as most of you know can be numerous as a situation evolves. I am very careful about giving recommendations and have recommended Ben to others. Ben is a very nice person who is experienced and very competent in his practice. I do highly recommend Ben.
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Posted by Leo K | October 16, 2014
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.
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Posted by Ron | October 11, 2014
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
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Posted by Ron | October 10, 2014
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.
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Posted by Brian | October 8, 2014
Saved me LOTS of money
When I hired Ben on a very contentious real estate case, I didn't know what to expect. He is soft spoken but straight forward. Always exploring issues and alternatives. But he was dogged, ran over every obstacle, and basically saved me a very large amount of money. If you need an attorney for any type of real estate issue, I would - and have many times - recommend Ben Levinson.
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Posted by John bui | May 16, 2023
This review is from a potential client who consulted with this attorney.
| Consulted Attorney
Foreclosure
My house recently got sold by foreclosure. My house is about $1.3 mil however it got sold $537,000. I want to find is any wrongful foreclosure. Was it letting public know the day it went out for auction or any bits? Please return my call for more informative.
Posted by anonymous | June 15, 2015
Kicking the can down the road
Ben was nothing short of a disaster, it would appear that Ben gets most of his work from the loan servicing agent that he rents a office out of. There was no advancement in my case from day one and I had to move on to someone else who understood my needs and could perform. I can assure you there was no delay in his billing I found he was good at that , remember lawyers get paid by the hour not by performance so do you due diligence in locating competent counsel.
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Response from Benjamin Levinson November 12, 2015
I do not even know if this was written from a former client or not. The comment is so vague that it is not clear what "case" the person is referring to in the comment.
Posted by Nick | February 17, 2014
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 company 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.
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Response from Benjamin Levinson 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.
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Cost

Rates
  • Hourly Rates $ 450-450 per hour

Resume

AVVO RATING 7.8 (Very Good)

Work Experience

  • Attorney
  • Law Office of Benjamin R. Levinson, A Professional Corporation
  • 1985 - Present

Education

  • Santa Clara University
  • JD - Juris Doctor
  • 1984
  • University of California Santa Barbara
  • BA - Bachelor of Arts
  • 1979

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.
View all legal cases

Associations

  • Bar Association of San Francisco
  • Member
  • 2018 - Present
  • California Mortgage Association
  • Member
  • 2005 - Present
  • American Bankruptcy Institute
  • Member
  • 2002 - Present
  • United Trustees Association fka California Trustees Association
  • Member
  • 1995 - Present
  • State Bar of California
  • Member
  • 1984 - Present
  • Santa Clara County Bar Association
  • Member
  • 1984 - Present
  • Bay Area Bankruptcy Forum
  • Member
  • N/A
  • San Jose Chapter of American Inns of Court solely dedicated to bankruptcy reorganization practice
  • Member
  • N/A
  • United Trustees Association
  • Board of Directors
  • 2015 - 2021
View all associations

Honors and Awards

  • Dorothy Schick Member of the Year
  • United Trustees Association
  • 2022

Publications

  • 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.
  • 2017
  • 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.
  • 2015

Speaking Engagements

  • UTA Annual Conference
  • Bankruptcy Update with Judges
  • 2022
  • UTA Annual Conference
  • Bankruptcy Update with Judges
  • 2021
  • California Mortgage Association Fall Conference
  • Bankruptcy Update
  • 2020
  • UTA Annual Conference
  • Bankruptcy Update
  • 2019
  • United Trustees Association Annual Conference
  • Bankruptcy Update
  • 2018
  • 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
  • 2017
  • United Trustees Association Annual Conference
  • Bankruptcy Update
  • 2016
  • United Trustees Association Annual Conference
  • Bankruptcy Update
  • 2015
  • California Mortgage Association-Spring Seminar
  • Creditor's Rights
  • 2015
  • United Trustees Association Annual Conference
  • Ask the Judges-Moderator
  • 2014
  • United Trustees Association Annual Conference
  • Bankruptcy Update
  • 2014
  • United Trustees Association Annual Conference
  • Bankruptcy Update
  • 2013
  • 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
  • 2012
  • United Trustees Association Annual Conference
  • Bankruptcy Update
  • 2011
  • United Trustees Association Annual Conference
  • Ask the Judges-Moderator
  • 2010
  • United Trustees Association Annual Conference
  • Bankruptcy Update
  • 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
View all speaking engagements

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San Jose Bankruptcy and debt Lawyer Benjamin Rafael Levinson
Benjamin Rafael Levinson
Bankruptcy and debt Attorney
San Jose, CA
Licensed for 39 years