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.

  • Maximize Savings with Chapter 13 Cramdown | Bankruptcy Blog

    Chapter 13 bankruptcy offers benefits such as protecting nonexempt assets and allowing for a cramdown on car loans.

  • Can You Pay Bankruptcy Attorney with Credit Cards?

    Can you pay your bankruptcy lawyer with a credit card? A bankruptcy attorney & law professor explains why this is a red flag for the Trustee.

  • Financing the End: Should You Use a Personal Loan for Your Divorce?

    Can you use a personal loan to pay for a divorce lawyer? Prof. Hernandez explains the risks of financing contested vs. uncontested cases and the link to bankruptcy.

  • Why Good People Get Bad Credit: An Economic Reality

    Rebuild your credit after financial hardship with step‑by‑step strategies for improving scores, lowering debt, and restoring financial confidence.

  • Stopping Foreclosure: Can Chapter 13 Save Your Home at the Last Minute?

    Is your foreclosure sale only days away? Prof. Hernandez explains how the Automatic Stay and “bare-bones” Chapter 13 filings provide a last-minute lifeline to save your home and catch up on missed payments.

  • Medical Debt and the Strategic Path to Financial Recovery

    Learn when to file bankruptcy for medical debt. Understand treatment timing, billing traps, and strategic steps to maximize debt relief.

  • Will Red Lobster Survive? What Their Chapter 11 Teaches Us About Bankruptcy

    Red Lobster survived its Chapter 11 bankruptcy. Discover the legal strategies that saved the brand as you prepare for 2026.

  • VA Foreclosure Relief in 2026: What Homeowners Need to Know After VASP Ends

    VASP is gone, and no replacement program exists yet. Learn the real VA mortgage assistance options in 2026, including modifications, timelines, and Chapter 13 relief.

  • Find Out Which States Oppose Student Loan Forgiveness

    Prof. Hernandez analyzes the Republican-led lawsuits blocking student loan relief. Learn how states used MOHELA’s revenue to establish standing and what the shift toward aggressive collections means for borrowers in 2026.

  • What to Expect at Your 341 Meeting: A Law Professor’s Guide

    Learn what to expect at your 341 meeting from Prof. Hernandez. A guide to the Chapter 7 Trustee’s questions, 2026 remote hearing rules, and your path to solvency.