Miami Lawyers

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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

  • How Retirement Contributions Affect a Bankruptcy Case

    Bankruptcy Attorney & Law Professor explains how 401(k) & IRA retirement contributions affect your disposable income in bankruptcy.

  • 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.

  • 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.

  • 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.

  • The New 2026 Small Business Bankruptcy Debt Limits Under Chapter 11

    Small‑business bankruptcy debt limits are shifting, and the proposed $7.5 million Subchapter V cap could reshape eligibility and filing strategy for distressed businesses.

  • The Legal Hierarchy, the Supremacy Clause, and Federal Bankruptcy Law

    Explore how the legal hierarchy & Supremacy Clause shape federal bankruptcy practice, establishing uniform rules & court procedures under Title 11.

  • A Guide to Understanding Maine Bankruptcy Exemptions

    Maine bankruptcy exemptions explained for 2026, including homestead, vehicle, personal property, and residency rules. Learn what assets you can protect in Chapter 7 or 13.

  • Understanding Bankruptcy Jurisdiction: Why It Is a Federal Matter

    A guide on bankruptcy and federal jurisdiction, and why local rules shape daily practice in every district.

  • Beyond the Bankruptcy Petition: The 341 Meeting and Chapter 13 Confirmation Hearings

    Prof. Hernandez explains how Chapter 7 341 meetings differ from Chapter 13 confirmation hearings, and understanding the local court rules.

  • A Guide to Understanding Louisiana Bankruptcy Exemptions

    A guide to the Louisiana bankruptcy exemptions, including homestead, tools of the trade, & personal property protections.

  • What Today’s Bankruptcy Statistics Tell Us About Tomorrow’s Economy

    Bankruptcy is a lagging indicator of household debt, showing how rising costs and record balances shape today’s filings.

  • Chapter 13 Eligibility and §109(e) Debt Limits

    Navigating Chapter 13 bankruptcy limits? Discover why Section 109(e)’s $1.58M secured and $526K unsecured caps create a strict firewall, and avoid hidden eligibility traps.

  • Credit Card Debt Is Surging: Which Path Are You On?

    Facing mounting credit card debt? Find out whether you’re in a slow bleed or a hard crash — and why a legal reset may be the smartest way to regain control.

  • A Guide to Understanding Kentucky Bankruptcy Exemptions

    Kentucky bankruptcy exemptions explained, including homestead, tools of the trade, wildcard rules, and how federal exemptions compare.