Cram Downs Are Now Permitted in Ohio

After sending out my last article, I received an email from Michael Warren, an experienced bankruptcy attorney in Chillicothe, Ohio.  He informed me that cram downs are now permitted in Ohio. This is a major breakthrough.  Below is the email I received from Attorney Warren:

“Cram down and strip off are slightly different things.  Cram down (for chapter 13) is accomplished by section 502, claims allowance.

For lien strip off, some courts require a motion (Preston and Hoffman in Columbus), some require an adversary proceeding (Caldwell in Columbus), some say it is done by the confirmation order (Hopkins in Cincinnati).

Cram down means something completely different in the chapter 11 world.”

Then, R. Todd Frahm, a California attorney submitted this from11 USC 1322(b) which says:

(b) Subject to subsections (a) and (c) of this section, the plan may–

(2) modify the rights of holders of secured claims, other than a claim secured only by a security interest in real property that is the debtor’s principal residence, or of holders of unsecured claims, or leave unaffected the rights of holders of any class of claims.

To contact Attorney Warren directly, his contact information appears below:

Michael Wm Warren
6 Consumer Center Dr.
Chillicothe, OH 45601
Phone: (740) 774-4357
mwarren@buckeyelegal.com
http://www.buckeyelegal.com

Personal Note: I have personally visited this law firm and worked with Attorney Warren. He has one of the most efficiently run and customer-oriented law firms I have ever found. Also, Attorney Warren produces near perfect petitions and rarely has a Deficiency Notice from the Trustee. I consider it an honor to have been able to work with Attorney Warren back in 2006 and thank him for providing this important information to our group.

Please pass this information on to any Ohio bankruptcy attorneys you know. By working together we can do our part to keep Americans in their homes and help them rebuild their lives.

Victoria Ring
http://www.chapter713training.com

 

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