Monday, August 31, 2026
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Bankruptcy.Blog

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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.

  • 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.

  • Mapping the Bankruptcy Surge: Newsweek Report Means Struggling Households

    New ABI data reveals a massive 49-state spike in filings. Prof. Hernandez breaks down the Newsweek bankruptcy map and what is driving this consumer surge.

  • Why the Moody’s Analytics Report Signals a Consumer Bankruptcy Surge

    Moody’s Analytics finds the Iran conflict is costing families $750 and fueling a nationwide consumer bankruptcy surge driven by rising household debt.

  • The Danger of Being a “Silent” Business Owner in Personal Bankruptcy

    Bankruptcy Attorney & Law Professor explains the bankruptcy risks of being listed on a spouse’s corporation, including trustee issues.

  • BAPCPA (2005): Reaffirmation Pitfalls and the Attorney Liability Trap

    Bankruptcy Attorney & Law Professor explains reaffirmation agreements under BAPCPA 2005 and the hidden risks for debtors and attorneys.

  • BAPCPA (2005): The Effect on Consumer Bankruptcy Law

    Prof. Hernandez explains how BAPCPA changed consumer bankruptcy law from the Means Test to why people file for bankruptcy.

  • The Convenience Bank Account Trap: Can a Trustee Take Your Parents’ Money?

    Worried a trustee can take your parents’ money? Understand the convenience‑account defense and how to protect joint family accounts.

  • Can the Bankruptcy Trustee Take Your 529 College Plan?

    Can a trustee take your 529 college fund? The 529 plan bankruptcy exemption rules explained by a bankruptcy attorney and law professor.

  • Is Your Child’s Bank Account Safe in Bankruptcy?

    A bankruptcy attorney explains how trustees view children’s savings accounts and when those funds become part of the bankruptcy estate.

  • What Are “Clean Bank Statements in Bankruptcy?

    Avoid red flags when you file for bankruptcy. Clean bank statements explained by a bankruptcy attorney & law professor.