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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Understanding the 341 Meeting of Creditors and the Rule 2004 Examination
What is the real difference between a 341 Meeting and a Rule 2004 Examination? Prof. Hernandez explains the scope, authority, and strategy behind these bankruptcy tools.
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Podcast: The LLC Myth in Chapter 7 Business Bankruptcy
LLCs provide limited liability, but owners can still be personally liable for business debts.
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Understanding Domestic Support Obligations in Bankruptcy
The video explains domestic support obligations in bankruptcy, emphasizing their priority status and treatment.
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Divorced! You Are Still Liable for the Mortgage
After divorce, signing over the house via a quit claim deed does not remove mortgage liability. This affects credit, loan eligibility, and could lead to foreclosure. The original mortgage contract remains, impacting credit for up to 30 years. Protect yourself by seeking property sale or complete home refinance, and ensuring proof of mortgage pre-approval.
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Student Loan Forgiveness For “Runaway Interest”
The Biden administration’s SAVE plan forgives up to $20,000 in runaway interest for student loan borrowers.
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Vehicle Title Discrepancies and Bankruptcy: The “Control” Principle
Vehicle titles can create major bankruptcy risks. Understand ownership issues, equity exposure, fraudulent transfers, and how Chapter 13 and cramdown can protect your car.
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Are LLCs Bulletproof? Understanding Business Bankruptcy & Personal Liability
Bankruptcy Attorney and Law Professor Prof. Hernandez analyzes the limitations of the LLC shield, examining how personal guarantees and bankruptcy impact your personal assets and business liability.
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Which Red Lobster Locations Are Closing? Here’s the List
Red Lobster is closing fifty locations amid bankruptcy rumors and recent equipment auctions.
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Great! The Bankruptcy Trustee Abandoned Your Car
Filing for bankruptcy involves a 341 meeting of creditors, trustee’s questions, and protecting your vehicle.
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Chapter 7 Bankruptcy in 4 Months? You Got This!
Chapter 7 bankruptcy takes about four months, with key steps including filing, creditor meeting, and discharge.