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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Schedule H: How to Protect Co-Debtors from Debt Liability
Expert analysis of Bankruptcy Schedule H, Co-Debtors and the Automatic Stay and how it protects co-debtors.
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Chapter 13 Bankruptcy and Driver’s License Reinstatement
Bankruptcy law professor explains how Chapter 13 license reinstatement works to wipe out debt from a car accident debt.
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Car Accident Debt and Your Driver’s License: Can Bankruptcy Get You Back on the Road?
If your driver’s license was suspended, learn how to use Chapter 7 bankruptcy to reinstate your license. Learn the critical steps.
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The 2% Gamble: Why Chapter 13 Bankruptcy is Not a DIY Project
Bankruptcy Professor explains the harsh truth: pro se Chapter 13 filings have a near-zero success rate.
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Bankruptcy Filings Surge in 2025: What the Numbers Reveal About Economic Stress
A Sharp Rise in Bankruptcy Filings—What’s Driving It? According to recent data from Epiq AACER, U.S. bankruptcy filings have surged in 2025, with Chapter 7 cases up 15% and total filings climbing over 10% year-over-year. These numbers aren’t just statistics; they’re an urgent financial signal. The rise in consumer debt is being amplified by high-interest…
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Chapter 7 Bankruptcy: When to Surrender Your Car
Surrendering your car in Chapter 7 is complex. A bankruptcy law professor explains the critical timing of vehicle surrender, how the loan deficiency becomes unsecured debt, and the crucial financial trap you must avoid when listing your expenses.
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Professor: What to List on Bankruptcy Schedule G.
Professor’s guide to Schedule G: Avoid common mistakes with leases and executory contracts.
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The Two-Home Trap: Why Chapter 7 Isn’t an Option When You Want to Keep Both Houses
Chapter 7 bankruptcy may risk asset liquidation; consider Chapter 13 to retain properties.
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Wages Garnished After Filing Bankruptcy? It’s an Illegal Automatic Stay Violation. Here’s Your 3-Step Legal Fix.
Were your wages garnished after you filed bankruptcy? Get the professor’s 3-step plan to recover your money now.
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What to Do About Your 401(k) After Spirit Airlines’ Bankruptcy
Spirit Airlines’ bankruptcy affects your retirement savings; confirm your 401(k) match status immediately.