Bankruptcy Guide, Articles, & Legal Analysis | Professor Hernandez
In this page, you will find the archives of bankruptcy articles, including Chapter 7 and 13. Whether you are evaluating the means test, choosing between federal and state exemptions, or deciding which chapter offers the best “fresh start” for your specific assets, these guides provide the evidence-based answers you need.
By Alexander Hernandez, J.D., Professor, and Author of Consumer Bankruptcy Law (Routledge).
This page is updated regularly. The last update was on March 6, 2026.
Chapter 7 Bankruptcy and a Fresh Start
Often referred to as “straight bankruptcy, or “liquidation,” Chapter 7 bankruptcy remains the most powerful tool in the U.S. Bankruptcy Code for eliminating unsecured debt. It is also the most common type of bankruptcy filed.
In this section, strategy is explored. Articles will focus on parts of Chapter 7 bankruptcy, including the 2026 means test, which assets are “exempt” under current law, and how to utilize the automatic stay to stop creditor harassment instantly.
Whether you are dealing with medical debt, credit card balances, or personal loans, these resources provide the knowledge you need in a practical form to ensure you make the correct financial decisions.
- Your 2026 Guide to Chapter 7 Bankruptcy: Get a Fresh Start
- Beyond the Means Test: A 2026 Strategy for Bankruptcy & Creditor Lawsuits
- Understanding the Bankruptcy Homestead Exemption and the 1,215-Day Rule
- Chapter 7 Bankruptcy Timing: Is Your Tax Refund Safe in 2026?
- Prof. Hernandez: Using Tax Installment Agreements to Qualify for Chapter 7
Chapter 13: Reorganization & Asset Protection
Often called the “wage earner’s plan,” Chapter 13 bankruptcy allows individuals with regular income to protect assets because of a lack of protection on exemptions. Whether it’s a car and you are facing repossession, or you are facing foreclosure on your mortgage, Chapter 13 bankruptcy can help you save your home.
Unlike the liquidation process in Chapter 7 bankruptcy, Chapter 13 allows you to propose a structured repayment plan over three to five years. In this section, I provide practical analysis of Chapter 13 bankruptcy, including the latest updates on debt limits, lien stripping of second mortgages, and “cram down” provisions for vehicle loans.
- Cure Mortgage Arrears: How to Force a Lender to Accept Your Payments
- Chapter 13 Bankruptcy Guide 2026 | Stop Foreclosure & Protect Assets
- A Chapter 13 Cure and Conversion Strategy for Homeowners
- Strategic Dismissal: Plan B When Chapter 13 Bankruptcy Conversion Fails
- Chapter 13 Bankruptcy, Tax Refunds, and Funding the Plan
- Why Chapter 13 is the Ultimate IRS Tax Debt “Restructuring” Tool
Bankruptcy Law and Procedure
Rooted in Article I, Section 8 of the U.S. Constitution, bankruptcy law, bankruptcy law allows for one to get a “fresh start.” Bankruptcy law is governed by the Federal Rules of Bankruptcy Procedure and local court rules.
In this section, I demystify the complex issues involved with the rules and procedure, including how the automatic stay halts collection actions, the role of the bankruptcy trustee, and the critical differences between Chapters 7, 11, and 13.
Whether you are navigating an adversary proceeding, preparing for a Section 341 Meeting of Creditors, or reviewing local rules for your specific district, these resources provide the procedural roadmap necessary for a successful filing.
- Understanding the Bankruptcy Homestead Exemption and the 1,215-Day Rule
- Understanding the Federal Bankruptcy Homestead Exemption Limits
- The 1,215 Day Rule versus the Federal Exemptions. Which Law Protects Your Home in 2026?
- Understanding the Federal Homestead Wildcard Exemption in 2026
- Why Your Lawyer Won’t Sign Your Reaffirmation Agreement: The Part C Liability Trap
- Why Your Mortgage and Car Payments Are “Invisible” After Bankruptcy
- Dealing with the “Reaffirmation Ambush”: Creditor Tactics and the 11th-Hour Timing
- Using Your Tax Refund to Hire a Bankruptcy Attorney: A Strategic Guide
Debtor Creditor Law
While bankruptcy offers a “fresh start,” this section is on Debtor-Creditor. Whether Fair Debt Collection Practices Act (FDCPA), stopping wage garnishments, or motions that need to be filed in your case, these articles provide you with additional information on the steps you need to take when facing a lawsuit from a creditor.
With more than two decades of experience practicing bankruptcy and debtor law, I provide deep-dive analyses on judgment liens, bank levies, and protecting your assets from creditors.
Whether you are defending against a lawsuit or strategically managing a settlement with a creditor, these resources ensure you understand the legal leverage available to protect your income and assets.
Prior archives on bankruptcy can be found via this link.
Professor Hernandez is an attorney specializing in consumer finance and debt relief. He is the published author of Consumer Bankruptcy Law (Routledge Publishing) and teaches law and finance courses in both English and Spanish for an international university.
Colleges and universities can purchase my bankruptcy law textbook directly from Routledge Publishing. Paralegals and students who are buying single copies can do so via Amazon Books. To access my YouTube channel, click this link.
You can learn more about filing for bankruptcy and the bankruptcy petition via this link. Information on the bankruptcy court system, contact information for trustees, and your state’s exemptions can be found here. The federal bankruptcy exemptions are listed here. The latest version of the 341 Meeting of the Creditors can be found here.
You can find additional categories by clicking below or by using the search feature at the top of this page:
Please note that the information on this site does not constitute legal advice and should be considered for informational purposes only.
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