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 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.
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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.
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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.
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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.
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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.
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A Guide to Understanding Louisiana Bankruptcy Exemptions
A guide to the Louisiana bankruptcy exemptions, including homestead, tools of the trade, & personal property protections.
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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.
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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.
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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.
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A Guide to Understanding Kentucky Bankruptcy Exemptions
Kentucky bankruptcy exemptions explained, including homestead, tools of the trade, wildcard rules, and how federal exemptions compare.