Miami Lawyers
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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?
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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.”
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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.
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Understanding Creditor Motions to Lift the Automatic Stay
Why do creditors file motions to lift the automatic stay? Learn the common legal grounds for these requests in foreclosure and Chapter 7 bankruptcy cases.
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Handling a Bankruptcy Dismissal: How to File a Motion to Shorten the Prejudice Period
Learn how to refile bankruptcy after a dismissal, overcome the 180‑day bar & file a Motion to Shorten the Prejudice Period so your case can move forward.
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Why Bankruptcy Cases Get Dismissed: The Real Reasons Behind Chapter 7 & 13 Failures
Learn the most common bankruptcy dismissal reasons under Chapter 7 and 13. Understand procedural failures, eligibility issues, and how to avoid case dismissal.
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Bad Faith and Serial Filings: Bankruptcy Stay Restrictions | Prof. Hernandez
Understand the consequences of serial bankruptcy filings. Prof. Hernandez explores the bad faith standards and automatic stay restrictions under 11 U.S.C. § 362.
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Administrative Structure: The U.S. Trustee and the Bankruptcy Case Trustees
U.S. Trustee vs. Case Trustee: What is the difference? Learn how these roles monitor and administer bankruptcy cases.
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Wiping Out Judicial Liens with Bankruptcy to Sell Your Home & Keep the Equity
Selling a home with a judgment lien? Learn how to use bankruptcy to remove the lien, clear your title, and protect your home equity.
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Facing Mortgage Foreclosure: Strategic Options and Bankruptcy Protections
Learn your options when facing mortgage foreclosure, including refinancing, loan mods, and bankruptcy protections.
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Removing Liens: Bankruptcy Lien Avoidance Under 11 U.S.C. § 522(f)
Remove judgment liens in bankruptcy using 522(f). Learn how lien avoidance protects your home’s exempt equity.
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What It Means to Be Judgment-Proof
Learn the real difference between judgment‑proof status & the statute of limitations, and when bankruptcy protects your assets.
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Trapped in the Bankruptcy Belt: How Soaring Equity Limits Chapter 7
Homeowners in the Bankruptcy Belt face rising home equity, low homestead exemptions, and unaffordable Chapter 13 plans.