Miami Lawyers

  • Why Chapter 12 Bankruptcy is Hitting the 2026 Kitchen Table

    With Chapter 12 filings up 46%, the farm crisis is hitting home. Prof. Hernandez explains how the “Red Rural Recession” is driving 2026 grocery inflation and supply chain delays.

  • When the National Debt Surpasses GDP, Households Feel It

    Prof. Hernandez explains how the rising national debt drives up interest rates, squeezes household budgets, and raises the cost of living in 2026.

  • Probate Court and Inheritances in Bankruptcy: The 180-Day Rule

    Discover how the 180-day rule affects inheritances in bankruptcy. Prof. Hernandez explains the risks of “time travel” assets, the date of death trigger, and why disclaiming an inheritance is considered a fraudulent transfer. Learn how to protect your future assets through strategic timing.

  • Protecting Divorce Assets When Filing for Bankruptcy

    Learn why divorce settlements and home sale proceeds may not be exempt in bankruptcy. Prof. Hernandez explains the reinvestment rule and how to protect your assets.

  • Why Being a Life Insurance Beneficiary is a Risk in Bankruptcy

    Discover why being a life insurance beneficiary is a high-stakes gamble in bankruptcy. Learn how the 180-day rule under Section 541 can allow a Trustee to seize your payout and why timing your filing is critical to protecting your family’s legacy. Expert analysis by Prof. Hernandez.

  • How Bankruptcy is Affected By Your Worker’s Comp Settlement

    Prof. Hernandez explains how worker’s compensation impacts the bankruptcy means test. Learn how to manage the gap between the 6-month lookback and your real-world budget on Schedules I and J to avoid the “disposable income” trap.

  • Why Your Exempt Worker’s Comp Settlement Is at Risk with Bankruptcy

    Prof. Hernandez explains how commingling exempt worker’s comp or retirement funds with general cash can lead to frozen accounts and lost legal protections.

  • Deed in Lieu of Foreclosure vs.Bankruptcy. Which Is the Better Exit?

    Bankruptcy Attorney & Law Professor explains which choice is better between a Deed in Lieu of Foreclosure or Chapter 7 or13 Bankruptcy?

  • Proactive Tenant Strategies When the Landlord is in Foreclosure

    Protect your lease when a landlord faces foreclosure or bankruptcy. Prof. Hernandez explains how to use PACER, the impact of Section 365, and your rights under the PTFA 90-day rule.”

  • The Parent PLUS Trap: Why You Are a Target For Creditors

    Bankruptcy Attorney and Law Professor** Prof. Hernandez warns that Parent PLUS loans make parents an “easy target.” Learn how the Treasury uses wage garnishment and Social Security seizure to recover six-figure educational debt.

  • 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.