Miami Lawyers
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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.
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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.
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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.
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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).
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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.
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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.
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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.
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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.
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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.
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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.
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How the National Debt is Forcing Consumers into Debt and Bankruptcy
How the national debt raises borrowing costs, shrinks household budgets, and pushes families toward Chapter 7 or Chapter 13 bankruptcy.
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Avoidance, Abandonment, and the Scope of Bankruptcy Trustee Powers
Learn the Chapter 7 trustee’s powers: understand the one-year insider look-back, post-petition freezes, and statutory abandonment.
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Chapter 7 Bankruptcy and Car Loans: Can You Keep Your Vehicle?
Worried about your vehicle? Learn how Chapter 7 exemptions protect your car loan, how a trustee buy-back works, and the real financial risks of reaffirming.
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Bankruptcy Code Structure: The Different Chapters Explained | Prof. Hernandez
Learn about the U.S. Bankruptcy Code structure from Chapter 7 to Chapter 13. Featured in Consumer Bankruptcy Law by Prof. Hernandez.
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Can You Go to Jail for Debt? The Reality of Debtors’ Prisons
Debunk the debtors’ prison myth. Learn how aggressive creditors exploit state-court contempt loops to trigger civil arrest warrants, and how to stop them.
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Why You Should Never File for Bankruptcy on Payday
Filing bankruptcy on payday is a costly mistake. Learn how the snapshot rule under 11 U.S.C. §541 can trap your paycheck and trigger avoidable financial loss.
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Why Chapter 7 Liquidations Are Outpacing Chapter 13 Cases
Chapter 7 filings are growing at triple the rate of Chapter 13. Learn how escrow shock and the $18.8T household‑debt crisis are driving a wave of liquidations.
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The Hidden Risk of Passive Business Ownership in Consumer Bankruptcy
Does bankruptcy put a relative’s business at risk if your name is on the paperwork? Bankruptcy attorney & law professor Prof. Hernandez analyzes passive equity.
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The Statutory Distribution of Debt in Bankruptcy
A clear guide to how bankruptcy distributes debt, from priority claims to Chapter 13 feasibility and the liquidation test that protects unsecured creditors.
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The Redfin Delisting Surge: The “Buying Time” Strategy
Redfin data shows a surge in delistings as homeowners try to “buy time.” This article explains the risks of becoming an accidental landlord in a tightening economy.