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 Creditor Motions to Lift the Automatic Stay
Why do creditors file motions to lift the automatic stay? Learn the common legal grounds for these requests in foreclosure and Chapter 7 bankruptcy cases.
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Handling a Bankruptcy Dismissal: How to File a Motion to Shorten the Prejudice Period
Learn how to refile bankruptcy after a dismissal, overcome the 180‑day bar & file a Motion to Shorten the Prejudice Period so your case can move forward.
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Why Bankruptcy Cases Get Dismissed: The Real Reasons Behind Chapter 7 & 13 Failures
Learn the most common bankruptcy dismissal reasons under Chapter 7 and 13. Understand procedural failures, eligibility issues, and how to avoid case dismissal.
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Bad Faith and Serial Filings: Bankruptcy Stay Restrictions | Prof. Hernandez
Understand the consequences of serial bankruptcy filings. Prof. Hernandez explores the bad faith standards and automatic stay restrictions under 11 U.S.C. § 362.
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Administrative Structure: The U.S. Trustee and the Bankruptcy Case Trustees
U.S. Trustee vs. Case Trustee: What is the difference? Learn how these roles monitor and administer bankruptcy cases.
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Wiping Out Judicial Liens with Bankruptcy to Sell Your Home & Keep the Equity
Selling a home with a judgment lien? Learn how to use bankruptcy to remove the lien, clear your title, and protect your home equity.
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Facing Mortgage Foreclosure: Strategic Options and Bankruptcy Protections
Learn your options when facing mortgage foreclosure, including refinancing, loan mods, and bankruptcy protections.
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Removing Liens: Bankruptcy Lien Avoidance Under 11 U.S.C. § 522(f)
Remove judgment liens in bankruptcy using 522(f). Learn how lien avoidance protects your home’s exempt equity.
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What It Means to Be Judgment-Proof
Learn the real difference between judgment‑proof status & the statute of limitations, and when bankruptcy protects your assets.
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Trapped in the Bankruptcy Belt: How Soaring Equity Limits Chapter 7
Homeowners in the Bankruptcy Belt face rising home equity, low homestead exemptions, and unaffordable Chapter 13 plans.