Monday, August 31, 2026
Latest:

Bankruptcy.Blog

Your #1 Bankruptcy Resource

Miami Lawyers

  • 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.

  • 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.

  • 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.

  • 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

  • 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.

  • 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

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.