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 Accidental Landlord: How Renting Your House Forfeits Bankruptcy Protection
Learn how renting your home forfeits your homestead exemption in bankruptcy and why “accidental landlords” risk losing their property when filing Chapter 7 or Chapter 13 in 2026.
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Gambling with a HELOC to Pay Record Credit Card Debt in 2026
Bankruptcy Attorney & Law Professor Hernandez analyzes why using a HELOC to pay off record-high credit card debt in 2026 is a risky “equity stripping” move compared to bankruptcy.
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Mortgage Defaults Rising: An Escrow Shock Analysis of the 2026 Foreclosure Surge
Mortgage defaults are rising as Escrow Shock drives a 2026 foreclosure surge. Protect yourself with Chapter 13 and remove second mortgages.
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Understanding the Bankruptcy Rescission Period with Reaffirmation Agreements
Buyer’s remorse? Prof. Hernandez explains how to cancel a reaffirmation agreement within the 60-day rescission period under 11 U.S.C. 524(c).
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Reaffirmation Agreements: Why “Vulture Creditors” Want Your Signature
Are “vulture creditors” pressuring you to sign a reaffirmation agreement on furniture or electronics? Prof. Hernandez exposes their high-pressure tactics, the “silverware” bluff, and how to protect your bankruptcy fresh start from unnecessary personal liability.
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Do I Have to Go to Court for a Reaffirmation Agreement?
Bankruptcy Attorney & Law Professor explains when a court appearance is required for a reaffirmation agreement.
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The Bankruptcy Contradiction: Why Filing Can Raise Your Credit Score
Can filing for bankruptcy actually improve your credit? Prof. Hernandez explains the 2026 “Credit Reset” paradox, DTI benefits, and reaffirmation strategies.
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The Zombie Store Card: Why Retail Closures are a Hidden Credit Score Landmine
Bankruptcy attorney and law professor explains how retail store closures in 2026 can trigger sudden credit score drops. Learn how “zombie” store cards raise utilization and hurt your FICO.
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Why Your “Common Sense” is Killing Your Credit Score
Bankruptcy Attorney & Law Professor explains how to improve your credit score while protecting your cash instead of giving large deposits.
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Official Form 108: Understanding the Statement of Intention
Prof. Hernandez explains Official Form 108. Learn the difference between surrendering, reaffirming, & redeeming assets in a Chapter 7 filing.