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.

  • Reaffirmation Agreements: The Silent Way Creditors Hurt Your Credit After a Chapter 7 Discharge

    Reaffirmation agreements in bankruptcy affect credit reporting of secured debts, impacting debtors’ credit scores significantly.

  • Disbarment and Dismissal: The Legal Tailspin of Rudy Giuliani

    Former New York mayor Rudy Giuliani has been disbarred and filed for Chapter 11 bankruptcy, seeking to convert to Chapter 7.

  • SAVE Plan Ending in 2026: Key Deadlines For Student Loans Borrowers

    Master the student loan repayment transition from the SAVE plan to the OBBBA. Prof. Hernandez explains the Supreme Court ruling, the new RAP plan, and critical July 1 deadlines for borrowers. Protect your forgiveness credits and avoid costly automatic enrollment.

  • Bankruptcy Attorney and Law Professor’s Analysis on Life Insurance and the Bankruptcy Estate

    How does a term life or whole life insurance policy affect a Chapter 7 bankruptcy? As a professor of Consumer Bankruptcy Law, I explain the critical difference between cash value, exemptions, and the steps a bankruptcy trustee can take against your policy.

  • Bankruptcy Residency Requirements: Can You Use Another State’s Exemptions?

    Bankruptcy Attorney and Law Professor explains the 180 and 730-day residency rules. Learn how relocation affects your bankruptcy filing venue and which state’s exemption laws protect your home and assets under the Bankruptcy Code.

  • Bankruptcy and Car Accidents: Navigating Asset Disclosure and Liability

    Can car accident debt be discharged in bankruptcy? Learn how settlements are treated as assets & which accident-related liabilities are eligible for discharge.

  • Navigating the Fallout: How the Infowars Bankruptcy Liquidation Unfolded

    Legal analysis of the Infowars bankruptcy liquidation, examining Chapter 11 conversion, trustee duties, and strict judicial oversight of asset auctions.

  • Republican-led States Sue Biden Administration Over Student Loan Forgiveness | Podcast Discussion

    The podcast delves into student loan forgiveness politics. Republican-led states oppose it, despite potential economic benefits.

  • Navigating the Lawsuit Process: Key Steps Explained

    The podcast discusses being served a lawsuit, legal responses, bankruptcy effects, and mediation.

  • Can Your Golf Hobby Affect Bankruptcy Claims?

    This podcast delves into golf and bankruptcy issues, shedding light on bankruptcy’s impact on golf activities.