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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Navigating a Creditor Lawsuit: The Prove Debt Ownership Defense
Professor & author’s guide to debt lawsuit defense. Learn to challenge debt ownership, use discovery to delay judgments, and stop garnishment with bankruptcy.
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Cure Mortgage Arrears: How to Force a Lender to Accept Your Payments
Stop foreclosure even if your lender refuses payment. Prof. Hernandez explains how to cure mortgage arrears using Chapter 13 and state court motions to compel.
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The 57-Store Shutdown of Off Fifth Avenue and Financial Reset of Saks Global
Prof. Hernandez analyzes the Saks Global bankruptcy: 57 Saks Off 5th stores closing and a total “Financial Reset.” View the full list of remaining stores and what this retail collapse means for the 2026 economy.
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Suing the Government is Your Best Move Against Student Loan Garnishments
Stop federal student loan garnishment by leveraging the “settlement gap.” Learn why filing an adversary proceeding is the key to forcing a government settlement and discharging debt under the latest DOJ guidance.
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Mom and Pop Small Businesses Reach Record High in Bankruptcy Filings
Bankruptcy attorney & law professor reports on the record small business bankruptcies in 2025 caused by the impact of the Trump tariffs.
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The Motion for Relief from Stay: Check Your Local Bankruptcy Forms First
Filing for Relief from Stay? Before you draft a motion, check your local bankruptcy court forms. Using mandatory district templates is key to avoiding rejection.
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The Motion for Relief from Stay Versus The Automatic Stay
Received a Motion for Relief from Stay? A bankruptcy attorney and law professor explains how creditors try to lift the automatic stay.
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Bankruptcy Petition Preparers: A Compliance Checklist Under 11 U.S.C. §110
What are the legal requirements for a bankruptcy petition preparer? Professor Alex Hernandez breaks down 11 U.S.C. § 110, including Form 119, fee limits, and the ban on legal advice.
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The Hidden Risks of Bankruptcy Petition Preparers: Why “Cheap” Can Be Costly
Discover the risks of using a bankruptcy petition preparer. Professor Alex Hernandez explains why legal advice, accountability, and court advocacy make a lawyer essential for your fresh start.
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The Statement of Financial Affairs (SOFA) on the Bankruptcy Petition
A bankruptcy attorney and law professor’s comprehensive review of the Statement of Financial Affairs in the bankruptcy petition.