Miami Lawyers

  • The Accidental Landlord: How Renting Your House Forfeits Bankruptcy Protection

    Learn how renting your home forfeits your homestead exemption in bankruptcy and why “accidental landlords” risk losing their property when filing Chapter 7 or Chapter 13 in 2026.

  • Gambling with a HELOC to Pay Record Credit Card Debt in 2026

    Bankruptcy Attorney & Law Professor Hernandez analyzes why using a HELOC to pay off record-high credit card debt in 2026 is a risky “equity stripping” move compared to bankruptcy.

  • Mortgage Defaults Rising: An Escrow Shock Analysis of the 2026 Foreclosure Surge

    Mortgage defaults are rising as Escrow Shock drives a 2026 foreclosure surge. Protect yourself with Chapter 13 and remove second mortgages.

  • Understanding the Bankruptcy Rescission Period with Reaffirmation Agreements

    Buyer’s remorse? Prof. Hernandez explains how to cancel a reaffirmation agreement within the 60-day rescission period under 11 U.S.C. 524(c).

  • Reaffirmation Agreements: Why “Vulture Creditors” Want Your Signature

    Are “vulture creditors” pressuring you to sign a reaffirmation agreement on furniture or electronics? Prof. Hernandez exposes their high-pressure tactics, the “silverware” bluff, and how to protect your bankruptcy fresh start from unnecessary personal liability.

  • Do I Have to Go to Court for a Reaffirmation Agreement?

    Bankruptcy Attorney & Law Professor explains when a court appearance is required for a reaffirmation agreement.

  • The Bankruptcy Contradiction: Why Filing Can Raise Your Credit Score

    Can filing for bankruptcy actually improve your credit? Prof. Hernandez explains the 2026 “Credit Reset” paradox, DTI benefits, and reaffirmation strategies.

  • The Zombie Store Card: Why Retail Closures are a Hidden Credit Score Landmine

    Bankruptcy attorney and law professor explains how retail store closures in 2026 can trigger sudden credit score drops. Learn how “zombie” store cards raise utilization and hurt your FICO.

  • Why Your “Common Sense” is Killing Your Credit Score

    Bankruptcy Attorney & Law Professor explains how to improve your credit score while protecting your cash instead of giving large deposits.

  • Official Form 108: Understanding the Statement of Intention

    Prof. Hernandez explains Official Form 108. Learn the difference between surrendering, reaffirming, & redeeming assets in a Chapter 7 filing.

  • North Dakota Bankruptcy Means Test Figures for 2026

    North Dakota’s 2026 bankruptcy means test figures and how eligibility for Chapter 7 or Chapter 13 is determined.

  • Idaho Bankruptcy Means Test: Updated Figures and Forms

    Learn Idaho’s bankruptcy Means Test income limits, allowable expense deductions, and how eligibility is determined for Chapter 7 or Chapter 13 relief.

  • The New York Bankruptcy Means Test: Figures and Forms (2026)

    Learn New York’s bankruptcy means test income limits, allowable deductions, & determine eligibility for Chapter 7 or Chapter 13 relief.

  • North Carolina Bankruptcy Means Test: Figures and Forms

    North Carolina’s 2026 bankruptcy means test figures and how eligibility for Chapter 7 or Chapter 13 is determined.

  • Idaho’s Unique Bankruptcy Homestead Exemption

    Idaho’s homestead exemption protects up to $175,000 in home equity in bankruptcy. Learn the rules, limits, and how Idaho’s “intent to occupy” requirement works.

  • Client Confidentiality and the Threat of Technology

    Learn how paralegals can protect client confidentiality in bankruptcy practice. Follow proven intake, verification, and communication protocols to avoid liability.

  • Handling Difficult Bankruptcy Clients: Office Protocols

    Practical guidance for paralegals on handling difficult bankruptcy clients, setting boundaries, documenting issues, and following office protocols to protect the firm.

  • When Bankruptcy Meets a DUI: Discharging Debt vs. Restoring a Driver’s License

    Bankruptcy may reinstate a suspended driver’s license, but it won’t eliminate DUI debts or satisfy DUI reinstatement requirements.

  • Chapter 13 Confirmation Hearings: What to Expect and Why They Are Delayed

    Learn why Chapter 13 confirmation hearings are often continued, what causes delays, and how trustees and creditors review your plan before approval.

  • Understanding Bankruptcy Judges and the Federal Court Structure

    Learn how bankruptcy judges differ from Article III judges with fixed 14-year terms, circuit court appointments, & exclusive federal jurisdiction.