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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • Facing Mortgage Foreclosure: Strategic Options and Bankruptcy Protections

    Learn your options when facing mortgage foreclosure, including refinancing, loan mods, and bankruptcy protections.

  • 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.

  • 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.

  • 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.