Alexander Hernandez, Author at Bankruptcy.Blog

A hand protectively cupping a white nest egg labeled 401k on a wooden surface, illustrating why bankruptcy beats 401k withdrawal and the ERISA shield for retirement accounts on Bankruptcy.blog.

Why Filing Bankruptcy is Better Than Raiding Your 401(k)

With a record number of 401(k) hardship withdrawals, consider filing for bankruptcy instead of raiding your retirement account.

Prof. Hernandez analyzes the 401k withdrawal home purchase risks and the Home Savings Act in a crumbling economy on Bankruptcy.blog.

Insights & Analysis

Alexander Hernandez 6 min read

Robbing Your Future: The Hidden Risks of Using a 401(k) to Buy a House

Should you use your retirement plan to buy a house in 2026? Prof. Hernandez breaks down the math behind the Home Savings Act and shares a personal lesson from the Great Recession on why your 401(k) is safer than home equity.

Prof. Hernandez analyzes the Fox report on 401k hardship withdrawals and the bankruptcy lag on Bankruptcy.blog. The image shows a retirement fund gauge draining toward empty, signaling a 2026 economic indicator for rising foreclosure and medical debt filings

Insights & Analysis

Alexander Hernandez 4 min read

Record 401(k) Hardship Withdrawals are a Leading Economic Indicator for 2026

Prof. Hernandez analyzes the record 6% surge in 401(k) hardship withdrawals reported by Fox Business. Discover why this “last resort” move is a leading indicator for the 2026 bankruptcy filing lag.

A conceptual image of the 3-2-240 rule featuring a calendar, a clock, and a gavel, illustrating how to discharge tax debt and protect your pocket from politics on Bankruptcy.blog

Bankruptcy

Alexander Hernandez 4 min read

Discharging Your IRS Tax Debt With Bankruptcy: The 3-2-240 Rule for 2026

Prof. Hernandez explains how to discharge tax debt in 2026 using the 3-2-240 rule. Learn how to navigate IRS priority claims and tax refunds on Bankruptcy.blog

Close-up of an IRS Form 9465 Installment Agreement on a clipboard with a pen, illustrating why Chapter 13 is the ultimate IRS tax debt restructuring tool for readers of Bankruptcy.blog.

Bankruptcy

Alexander Hernandez 7 min read

Why Chapter 13 is the Ultimate IRS Tax Debt “Restructuring” Tool

Stop the interest bleed in 2026. Prof. Hernandez explains how Chapter 13 bankruptcy freezes IRS penalties, utilizes the Till Rate for secured liens, and restructures tax debt more effectively than a standard installment agreement. Learn how to pay back priority tax at 0% interest and secure your fresh start.

Bankruptcy

Alexander Hernandez 6 min read

Prof. Hernandez: Using Tax Installment Agreements to Qualify for Chapter 7

Can’t pass the Means Test? Prof. Hernandez explains how IRS tax payments can legally reduce disposable income on Schedule J to help you qualify for Chapter 7.

A "Going Out of Business" sign on a retail storefront illustrating the 2026 surge in small business Chapter 7 filings due to tariff inflation, as analyzed by Bankruptcy Attorney & Law Professor Hernandez on Bankruptcy.blog.

Insights & Analysis

Alexander Hernandez 6 min read

Small Business Tariff Inflation and Chapter 7 Bankruptcy in 2026. The Quiet Crisis

Is tariff inflation pushing your small business toward Chapter 7? Prof. Hernandez explains how to bypass the Means Test using the non-consumer debt loophole and navigate personal liability in the 2026 bankruptcy surge.

A minimalist illustration depicting a "tug-of-war" between economic forces. A black silhouette of a person pulls a rope; on the left side of the rope is the word "TARIFFS" and on the right is "CHAPTER 13 BANKRUPTCY." The image symbolizes the strain of rising costs on consumer debt reorganization plans on Bankruptcy.blog.

Insights & Analysis

Alexander Hernandez 4 min read

How the 2026 Tariffs Affect Chapter 13 Bankruptcy Plans

Discover why 2026 tariff inflation is causing a spike in Chapter 13 plan failures. Prof. Hernandez analyzes the friction between static court budgets and rising costs.

A conceptual illustration of a person caught in a tug-of-war between Chapter 7 and Chapter 13, representing the bankruptcy means test gap caused by 2026 tariff inflation. Analysis featured on Bankruptcy.blog.

Insights & Analysis

Alexander Hernandez 4 min read

Tariff Inflation and the Chapter 7 Bankruptcy Means Test Gap

Analyze how 2026 tariff inflation is breaking the Bankruptcy Means Test. Learn why the IRS data lag creates a “Paper Surplus” that blocks Chapter 7 relief.

Bankruptcy

Alexander Hernandez 4 min read

Using Your Tax Refund to Hire a Bankruptcy Attorney: A Strategic Guide

Using your tax refund for bankruptcy attorney fees is a strategic “spend down.” Prof. Hernandez explains how this protects your refund and secures your filing.