Miami Lawyers
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The Rise of Aggressive Collection by the Treasury Department
The Department of Education is officially initiating the student loan transfer to Treasury collections. As the SAVE plan ends, learn how the OBBBA and the new 30-year repayment terms impact your financial survival. Prof. Hernandez breaks down the Treasury’s “hired muscle” tactics.
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The Foreclosure Surge. How Tenants Can Stay in the Property
As foreclosures rise 20%, tenants face a dilemma: who gets the rent? Prof. Hernandez explains your legal rights and how to handle the assignment of rents.
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Sinking in Car Debt? How the Chapter 13 Cramdown Rescues You From Long-Term Car Loans
Bankruptcy Attorney & Law Professor Hernandez analyzes the 100-month car loan debt trap and how the Chapter 13 cramdown can reduce negative equity to fair market value.
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The Forever Car Loan: Why Stretching Your Term is a Financial Trap
Prof. Hernandez analyzes why 100-month car loans are a financial trap. Discover the “Double Sting” of reaffirmation agreements and how bankruptcy provides a clean exit
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Personal Injury Settlements: Chapter 7 vs. Chapter 13 Bankruptcy
Prof. Hernandez explains how personal injury settlements are treated in Chapter 7 liquidation vs. Chapter 13 reorganization, including the Liquidation Test.
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How Personal Injury Settlements Move Through a Bankruptcy Case
Learn how the process of a PI settlement moves through a bankruptcy case and why the Trustee oversees every step. Understand what the bankruptcy Trustee requires and how the process affects your claim
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Protecting Your Recovery: Personal Injury Settlements and the Bankruptcy Estate
Can you keep your personal injury settlement in bankruptcy? Prof. Hernandez analyzes 11 U.S.C. § 522(d)(11)(D), state exemptions, and strategic alternatives to filing.
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The AI Economy and the Looming “Dot-Com” Reckoning
Prof. Hernandez analyzes the AI profitability paradox, the “Dot-Com” reckoning, and why the death of the tax base threatens the future of the middle class.
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Does Bankruptcy Stop Eviction? The Pre vs. Post-Judgment Rule
Bankruptcy Attorney & Law Professor explains when bankruptcy stops eviction, how the pre‑ vs. post‑judgment rule works, and when landlords can still proceed.
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The Tenant in the Middle: What Happens When Your Landlord Files Bankruptcy?
If your landlord files for bankruptcy, your lease doesn’t just disappear. Prof. Hernandez explains “accidental landlords,” escrow shock, and how Section 365(h) protects tenant rights during a filing.
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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.
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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.
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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.
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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.
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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.
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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
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How Retirement Contributions Affect a Bankruptcy Case
Bankruptcy Attorney & Law Professor explains how 401(k) & IRA retirement contributions affect your disposable income in bankruptcy.
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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.
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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.
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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.