Miami Lawyers

  • The 910-Day Rule: Explaining The Cramdown on Car Loans

    Can you reduce your car loan balance in Chapter 13? Learn how the 910-Day Rule and “hanging paragraph” affect your vehicle cramdown. Prof. Hernandez explains how to save on interest, the PMSI loophole, and why lenders prefer payments over repossession.

  • Cramdown vs. Lien Stripping: What’s the Difference in Chapter 13 Bankruptcy?

    Learn the key differences between a Chapter 13 cramdown and lien stripping. Find out how to reduce car payments or eliminate second mortgages in bankruptcy.

  • How to Reduce Your Car Loan Balance Using a Bankruptcy Cramdown

    Is your car loan underwater? Discover how the Chapter 13 cramdown process can “shave” your debt down to the vehicle’s actual value and lower your interest rate. — Prof. Hernandez

  • Robbing Your Future: The Hidden Risks of Using a 401(k) to Buy a House

    Should you use your retirement plan to buy a house in 2026? Prof. Hernandez breaks down the math behind the Home Savings Act and shares a personal lesson from the Great Recession on why your 401(k) is safer than home equity.

  • Record 401(k) Hardship Withdrawals are a Leading Economic Indicator for 2026

    Prof. Hernandez analyzes the record 6% surge in 401(k) hardship withdrawals reported by Fox Business. Discover why this “last resort” move is a leading indicator for the 2026 bankruptcy filing lag.

  • Discharging Your IRS Tax Debt With Bankruptcy: The 3-2-240 Rule for 2026

    Prof. Hernandez explains how to discharge tax debt in 2026 using the 3-2-240 rule. Learn how to navigate IRS priority claims and tax refunds on Bankruptcy.blog

  • Why Chapter 13 is the Ultimate IRS Tax Debt “Restructuring” Tool

    Stop the interest bleed in 2026. Prof. Hernandez explains how Chapter 13 bankruptcy freezes IRS penalties, utilizes the Till Rate for secured liens, and restructures tax debt more effectively than a standard installment agreement. Learn how to pay back priority tax at 0% interest and secure your fresh start.

  • Prof. Hernandez: Using Tax Installment Agreements to Qualify for Chapter 7

    Can’t pass the Means Test? Prof. Hernandez explains how IRS tax payments can legally reduce disposable income on Schedule J to help you qualify for Chapter 7.

  • Small Business Tariff Inflation and Chapter 7 Bankruptcy in 2026. The Quiet Crisis

    Is tariff inflation pushing your small business toward Chapter 7? Prof. Hernandez explains how to bypass the Means Test using the non-consumer debt loophole and navigate personal liability in the 2026 bankruptcy surge.

  • 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.