Alexander Hernandez, Author at Bankruptcy.Blog

A professional conceptual image representing divorce settlement bankruptcy exemptions and the protection of home sale proceeds for Bankruptcy.blog.

Protecting Divorce Assets When Filing for Bankruptcy

Learn why divorce settlements and home sale proceeds may not be exempt in bankruptcy. Prof. Hernandez explains the reinvestment rule and how to protect your assets.

Bankruptcy

Alexander Hernandez 4 min read

Why Being a Life Insurance Beneficiary is a Risk in Bankruptcy

Discover why being a life insurance beneficiary is a high-stakes gamble in bankruptcy. Learn how the 180-day rule under Section 541 can allow a Trustee to seize your payout and why timing your filing is critical to protecting your family’s legacy. Expert analysis by Prof. Hernandez.

An overhead photograph on a dark wood desk showing legal files labeled ‘Worker’s Comp Benefits,’ ‘Means Test 6-Month Lookback,’ and ‘Schedule I & J Disposable Income’ next to a calculator and pen, used as the main image for a bankruptcy.blog article discussing the workers-comp-means-test.

Bankruptcy

Alexander Hernandez 4 min read

How Bankruptcy is Affected By Your Worker’s Comp Settlement

Prof. Hernandez explains how worker’s compensation impacts the bankruptcy means test. Learn how to manage the gap between the 6-month lookback and your real-world budget on Schedules I and J to avoid the “disposable income” trap.

Insights & Analysis

Alexander Hernandez 6 min read

Why Your Exempt Worker’s Comp Settlement Is at Risk with Bankruptcy

Prof. Hernandez explains how commingling exempt worker’s comp or retirement funds with general cash can lead to frozen accounts and lost legal protections.

A metaphorical image from Bankruptcy.blog compares a Closed grey door labeled "Deed in Lieu," which is heavily obstructed by post-it notes representing junior liens (Second Mortgage, HOA Lien, SBA Loan, and Tax Lien), to an Open blue door labeled "Bankruptcy," offering a clear and unobstructed path forward.

Insights & Analysis

Alexander Hernandez 6 min read

Deed in Lieu of Foreclosure vs.Bankruptcy. Which Is the Better Exit?

Bankruptcy Attorney & Law Professor explains which choice is better between a Deed in Lieu of Foreclosure or Chapter 7 or13 Bankruptcy?

Illustration of a tenant standing between a “Foreclosure” door and a “Tenant Rights” door, symbolizing landlord bankruptcy and foreclosure issues; Bankruptcy.blog.

Insights & Analysis

Alexander Hernandez 7 min read

Proactive Tenant Strategies When the Landlord is in Foreclosure

Protect your lease when a landlord faces foreclosure or bankruptcy. Prof. Hernandez explains how to use PACER, the impact of Section 365, and your rights under the PTFA 90-day rule.”

A legal conceptual image on a wooden desk showing Parent PLUS Loan files and official U.S. Department of the Treasury warning notices. Documents for "WAGE GARNISHMENT," "TREASURY OFFSET PROGRAM," and "PROPERTY LIEN FILING" are displayed prominently. The image illustrating treasury collection risks is from bankruptcy.blog.

Insights & Analysis

Alexander Hernandez 4 min read

The Parent PLUS Trap: Why You Are a Target For Creditors

Bankruptcy Attorney and Law Professor** Prof. Hernandez warns that Parent PLUS loans make parents an “easy target.” Learn how the Treasury uses wage garnishment and Social Security seizure to recover six-figure educational debt.

Student loans have been transferred to the Treasury department. Three files showing enforcement action by wage garnishment, treasury offset, and lien attachment on bankruptcy.blog.

Insights & Analysis

Alexander Hernandez 9 min read

The Rise of Aggressive Collection by the Treasury Department

The Department of Education is officially initiating the student loan transfer to Treasury collections. As the SAVE plan ends, learn how the OBBBA and the new 30-year repayment terms impact your financial survival. Prof. Hernandez breaks down the Treasury’s “hired muscle” tactics.

A stylized digital illustration of a residential house being pulled between a bank building and a landlord, representing the legal tug-of-war over rent payments during a foreclosure surge. A key resource for foreclosure-tenant-rent-rights on bankruptcy.blog.

Insights & Analysis

Alexander Hernandez 4 min read

The Foreclosure Surge. How Tenants Can Stay in the Property

As foreclosures rise 20%, tenants face a dilemma: who gets the rent? Prof. Hernandez explains your legal rights and how to handle the assignment of rents.

An upside-down car submerged underwater representing the negative equity crisis, used as a visual for the Bankruptcy.blog analysis of long-term car loan Chapter 13 cramdown strategies by Prof. Hernandez.

Insights & Analysis

Alexander Hernandez 4 min read

Sinking in Car Debt? How the Chapter 13 Cramdown Rescues You From Long-Term Car Loans

Bankruptcy Attorney & Law Professor Hernandez analyzes the 100-month car loan debt trap and how the Chapter 13 cramdown can reduce negative equity to fair market value.