Miami Lawyers
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The Household Debt Crisis Driving the 2026 Bankruptcy Wave
Learn how the household debt crisis & bankruptcy wave are unfolding in 2026 & what legal options protect families facing rising delinquencies.
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The Chapter 13 Marathon: Why You Need Permission Before Taking on New Debt
New debt in Chapter 13 is permanent and requires court approval. Learn how the “Motion to Incur Debt” protects your case, explained by a Bankruptcy Attorney & Law Professor.
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Bankruptcy’s Timing Mistake: Medical Bills & Debt You Can’t Erase
Post‑petition debt is permanent, making bankruptcy timing critical. Learn how the snapshot rule protects you, explained by a Bankruptcy Attorney & Law Professor.
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401(k) Loans in Chapter 13: The Step‑Up Trap That Can Break Your Plan
A 401(k) loan in Chapter 13 can trigger a step‑up trap that raises your plan payments. Bankruptcy Attorney & Law Professor explains.
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How Your 401(k) Withdrawal Can Sabotage Your Chapter 7 Means Test
Bankruptcy Attorney & Law Professor explains how a 401k withdrawal impacts the Chapter 7 bankruptcy Mean Test.
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The Hidden Small‑Business Bankruptcy Wave: From Chapter 11 to 7
Small‑business bankruptcies are rising as owners shift from Chapter 11 to Chapter 7. Learn how tariffs, rates, leases, and personal liability drive liquidation
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How Retirement Contributions Affect a Bankruptcy Case
Bankruptcy Attorney & Law Professor explains how 401(k) & IRA retirement contributions affect your disposable income in bankruptcy.
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401(k) Loans in Bankruptcy: Why They Are Listed as Secured Debt
As living costs rise in 2026, 401(k) loans are becoming more common, yet many don’t realize they are classified as secured debt. Prof. Hernandez explains why these loans aren’t dischargeable in bankruptcy and the severe tax penalties of defaulting.
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How Spirit Airlines’ Collapse Compares to the American Household
Rising costs are grounding families like Spirit Airlines. Learn how inflation is pushing household budgets to a breaking point.
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The Perfect Storm: From Rural America, to the Boardroom, to the Kitchen Table
Prof. Hernandez analyzes the “Perfect Storm”: Linking the Chapter 12 farm surge to corporate insolvency and the rise of household debt survival tactics.
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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.
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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.
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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.
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Chapter 13 Bankruptcy, Tax Refunds, and Funding the Plan
Learn how to use your tax refund as a strategic asset in Chapter 13. Prof. Hernandez explains how lump-sum refunds can lower monthly payments and prove plan feasibility.
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Chapter 7 Bankruptcy Timing: Is Your Tax Refund Safe in 2026?
Filing Chapter 7 in 2026? Learn how to protect your tax refund using wildcard exemptions. Expert insights on the Child Tax Credit (CTC) vs. EIC and filing timing.
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Strategic Dismissal: Plan B When Chapter 13 Bankruptcy Conversion Fails
Strategic Dismissal: Negotiating with Creditors Outside of Bankruptcy with Prof. Hernandez. Explore how to pivot from a failed Chapter 13 to private settlements, leveraging lump-sum payments while avoiding the pitfalls of dismissal with prejudice.
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The Chapter 13 Conversion: Motions, Objections, and the Liquidation Test
The conversion from Chapter 13 to Chapter 7 isn’t automatic. Prof. Hernandez explores the Motion to Convert, common Trustee objections, and how to pass the mandatory liquidation test.
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A Chapter 13 Cure and Conversion Strategy for Homeowners
Explore the Chapter 13 cure and conversion strategy with Prof. Hernandez. Learn how this tactical pivot helps homeowners save their property and manage debt.
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The 2026 Consumer Bankruptcy Surge: Navigating the Financial Reset
With January layoffs at 2009 levels and 564,613 consumer filings, 2026 is a turning point. Prof. Hernandez (Routledge author) explains your path to solvency.
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Understanding the Chapters 7, 11, and 13 Bankruptcy Surge in 2026
Prof. Hernandez breaks down the surge in Chapter 7, 11, and 13 bankruptcy filings. See the 2025 year-end data and what it means for the 2026 economy.