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.
-
The New 2026 Small Business Bankruptcy Debt Limits Under Chapter 11
Small‑business bankruptcy debt limits are shifting, and the proposed $7.5 million Subchapter V cap could reshape eligibility and filing strategy for distressed businesses.
-
The Legal Hierarchy, the Supremacy Clause, and Federal Bankruptcy Law
Explore how the legal hierarchy & Supremacy Clause shape federal bankruptcy practice, establishing uniform rules & court procedures under Title 11.
-
A Guide to Understanding Maine Bankruptcy Exemptions
Maine bankruptcy exemptions explained for 2026, including homestead, vehicle, personal property, and residency rules. Learn what assets you can protect in Chapter 7 or 13.
-
Understanding Bankruptcy Jurisdiction: Why It Is a Federal Matter
A guide on bankruptcy and federal jurisdiction, and why local rules shape daily practice in every district.
-
Beyond the Bankruptcy Petition: The 341 Meeting and Chapter 13 Confirmation Hearings
Prof. Hernandez explains how Chapter 7 341 meetings differ from Chapter 13 confirmation hearings, and understanding the local court rules.
-
A Guide to Understanding Louisiana Bankruptcy Exemptions
A guide to the Louisiana bankruptcy exemptions, including homestead, tools of the trade, & personal property protections.
-
What Today’s Bankruptcy Statistics Tell Us About Tomorrow’s Economy
Bankruptcy is a lagging indicator of household debt, showing how rising costs and record balances shape today’s filings.
-
Chapter 13 Eligibility and §109(e) Debt Limits
Navigating Chapter 13 bankruptcy limits? Discover why Section 109(e)’s $1.58M secured and $526K unsecured caps create a strict firewall, and avoid hidden eligibility traps.
-
Credit Card Debt Is Surging: Which Path Are You On?
Facing mounting credit card debt? Find out whether you’re in a slow bleed or a hard crash — and why a legal reset may be the smartest way to regain control.
-
A Guide to Understanding Kentucky Bankruptcy Exemptions
Kentucky bankruptcy exemptions explained, including homestead, tools of the trade, wildcard rules, and how federal exemptions compare.