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.

  • The 341 Meeting of Creditors: It’s Not What You Think

    The “341 meeting of creditors” in bankruptcy is a low-key affair conducted by a trustee.

  • Reverse Mortgages and Bankruptcy: A Strategic Analysis

    Prof. Hernandez analyzes the risks of reverse mortgages in Chapter 7 and 13 bankruptcy. Learn how compounding interest and technical defaults impact home equity and why timing your filing is critical to protecting your assets.

  • Understanding 341 Meeting of Creditors in Bankruptcy: What to Expect

    Bankruptcy 341 meetings are informal, with no judge, jury, or adversarial atmosphere. Creditors rarely attend.

  • Bankrupty Attorney and Law Professor’s Guide to Consolidating Debt and Saving Money

    Learn a Bankruptcy Attorney and Law Professor’s strategic guide to debt consolidation with a personal loan to save money.

  • How Personal Loans and Bankruptcy Work: Tips and Strategies

    Personal loans offer debt consolidation benefits but can affect bankruptcy cases.

  • Avoiding Credit Card Use Before Bankruptcy

    Debtors should avoid using credit cards 90 days before bankruptcy to prevent trustee objections.

  • Understanding the Risks of Cosigning Student Loans for Your Child

    Cosigning student loans can impact your credit and put you at risk financially.

  • Car Repossessions on the Rise: Impact on Bankruptcy Proceedings

    Car repossessions have risen 23% this year, impacting loans and potential bankruptcy options significantly.

  • Rudy Giuliani Chapter 11 Case Dismissed: Impact and Consequences

    Rudy Giuliani’s Chapter 11 bankruptcy case was dismissed.

  • Redbox Bankruptcy: The End of an Era

    Bankruptcy law professor explains the Redbox Chapter 7 liquidation and what the end of the DVD rental era means for consumers and the entertainment industry.