Monday, August 31, 2026
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Bankruptcy.Blog

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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 Architecture of Bankruptcy: Judges, Trustees, and Creditors

    Demystify the bankruptcy court system with Prof. Hernandez. Learn the distinct roles of Article I judges, private trustees, and the U.S. Trustee.

  • The History & Evolution of Bankruptcy Law| Prof. Hernandez

    Trace the history and evolution of bankruptcy law with Prof. Hernandez. Discover how ancient insolvency debts transformed into modern asset protections.

  • The $18.8 Trillion Household Debt Crisis: Why Older Americans Are Struggling Financially

    Rising household debt is hitting seniors hardest. See why older Americans are struggling financially and the legal protections that can safeguard retirement.

  • The Non-Judicial Foreclosure Myth: How to Force Your Lender Into Court

    Think you can’t stop a non‑judicial foreclosure? Bankruptcy attorney & law professor explains how homeowners can save their home with a court injunction.

  • Foreclosures Are Rising: Understanding Your Rights in a Judicial vs. Non‑Judicial State

    Learn your foreclosure rights in judicial and non‑judicial states and how Chapter 13 can stop a foreclosure and protect your home.

  • Idaho Bankruptcy Exemptions: Protecting Your Assets

    Bankruptcy attorney & law professor explains Idaho’s strict bankruptcy exemption laws, residency rules, and how to protect your assets.

  • Reaffirmation Agreements: Why You Can’t Negotiate Your Car Note in Chapter 7

    Understand the risks in reaffirming a car loan in Chapter 7 bankruptcy and why lenders refuse to negotiate the loan terms.

  • Bankruptcy Petition Preparers vs. Attorneys: The Cost of “Cheap” Advice

    A bankruptcy attorney and law professor warns how petition preparers cross legal lines, risk dismissal, and jeopardize your home, wages, and case.

  • The Social Security Number Error: A Costly Mistake in Your Bankruptcy Petition

    Bankruptcy attorney & law professor explains how a wrong Social Security number on a bankruptcy petition can harm an innocent third party and how to fix it fast.

  • Refinancing Your Mortgage in Chapter 13: The Fast Track to a Discharge

    Can you refinance your mortgage in Chapter 13 to get an early discharge? Prof. Hernandez explains the court requirements, the 12-month payment rule, and how to pay off creditors to successfully close your case in 2026.