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 June 8, 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
• How Your 401(k) Withdrawal Can Sabotage Your Chapter 7 Means Test
• Bankruptcy’s Timing Mistake: Medical Bills & Debt You Can’t Erase
• Reaffirmation Agreements: Why You Can’t Negotiate Your Car Note in Chapter 7
• What Are “Clean Bank Statements in Bankruptcy?

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
• How to Reduce Your Car Loan Balance Using a Bankruptcy Cramdown
• Cramdown vs. Lien Stripping: What’s the Difference in Chapter 13 Bankruptcy?
• The 910-Day Rule: Explaining The Cramdown on Car Loans
• 401(k) Loans in Chapter 13: The Step‑Up Trap That Can Break Your Plan
• The Chapter 13 Marathon: Why You Need Permission Before Taking on New Debt
• Refinancing Your Mortgage in Chapter 13: The Fast Track to a Discharge

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
• Discharging Your IRS Tax Debt With Bankruptcy: The 3-2-240 Rule for 2026
• Do I Have to Go to Court for a Reaffirmation Agreement?
• Reaffirmation Agreements: Why “Vulture Creditors” Want Your Signature
• Understanding the Bankruptcy Rescission Period with Reaffirmation Agreements
• The Accidental Landlord: How Renting Your House Forfeits Bankruptcy Protection
• The Tenant in the Middle: What Happens When Your Landlord Files Bankruptcy?
• Does Bankruptcy Stop Eviction? The Pre vs. Post-Judgment Rule
• Protecting Your Recovery: Personal Injury Settlements and the Bankruptcy Estate
• How Personal Injury Settlements Move Through a Bankruptcy Case
• Personal Injury Settlements: Chapter 7 vs. Chapter 13 Bankruptcy
• Worker’s Comp & Means Test: The Schedule I & J Strategy
• Why Being a Life Insurance Beneficiary is a Risk in Bankruptcy
• Probate Court and Inheritances in Bankruptcy: The 180-Day Rule
• Is Your Child’s Savings Account Safe in Bankruptcy?
• The Convenience Bank Account Trap: Can a Trustee Take Your Parents’ Money?
• The Danger of Being a “Silent” Business Owner in Personal Bankruptcy
• Signatory vs. Owner: Is that Bank Account Actually Your Asset in Bankruptcy?
• The Hidden Risk of Passive Business Ownership in Consumer Bankruptcy

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.

• Navigating a Creditor Lawsuit: The Prove Debt Ownership Defense
• 401(k) Loans in Bankruptcy: Why They Are Listed as Secured Debt
• How Retirement Contributions Affect a Bankruptcy Case

Prior archives on bankruptcy can be found via this link.

Educational Resources

• For Institutions: Colleges and universities can purchase or request examination copies of my textbook directly from Routledge Publishing.
• For Students & Practitioners: Single print and digital copies are available via Amazon Books.
• Video Lectures: Stream comprehensive legal breakdowns and video explanations on the Prof. Hernandez YouTube Channel.

Bankruptcy Court & Consumer Resources

Explore a deep dive for consumer guides and court directories to navigate your legal options:

• A step-by-step master guide on Filing for Bankruptcy and Navigating the Petition.
• Access full directories for the Federal Bankruptcy Court System and Trustee Contact Information.
• Protect your assets by reviewing your specific State Bankruptcy Exemptions or compare them against the Federal Bankruptcy Exemptions.
• Prepare for your court date with the updated brief on the 341 Meeting of Creditors Rules and Procedures.

Please note that the information on this site does not constitute legal advice and should be considered for informational purposes only.