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.

  • Stop Creditor Action: The Critical Step After Filing Bankruptcy with the Automatic Stay

    Don’t lose your car or wages! Learn the critical steps to enforce the Automatic Stay by filing the Notice or Suggestion of Bankruptcy and legally stop all creditor action now.

  • How to File a Proof of Claim in Any Consumer Bankruptcy Case

    A professor’s essential guide on filing Official Form 410 (Proof of Claim). Learn how to secure your consumer deposit and claim priority status under 11 U.S.C. § 507.

  • Why Record Debt $18.59T Guarantees a Bankruptcy Surge in 2026

    Bankruptcy attorney & law professor explains the debt-to-bankruptcy lag & the record debt that guarantees a surge in bankruptcy filings.

  • Black Friday & Bankruptcy: The Dangers of Using Credit Cards Before Filing

    Don’t risk your discharge! A bankruptcy law attorney and law professors expert details how credit card spending during Black Friday and the holidays can be challenged as fraud by Trustees.

  • American Signature Files for Bankruptcy, Your Order, and My Furniture Industry Forecast

    As a bankruptcy professor, I explain why American Signature filed and your urgent rights. Learn how to file a claim, use credit card chargebacks, and protect your furniture deposit.

  • Buying a Car While in Chapter 13: The Critical Steps Every Debtor Must Know

    Are you in Chapter 13 bankruptcy and need a car loan? Learn the critical steps to get court and Trustee approval. Avoid plan dismissal, high rates, and feasibility objections.

  • The Surprise Chapter 13 Bankruptcy Debtors Rarely See Coming: The Plan Payment is Not Permanent

    Professor-verified: Your Chapter 13 plan payment is not fixed. Learn why a raise or job loss could trigger a mandatory payment increase or even force a conversion to Chapter 7 bankruptcy.

  • Schedule I (Income) of the Bankruptcy Petition: Avoid Pitfalls That Force Chapter 13 or Dismissal

    Bankruptcy Attorney & published professor explains the common errors on Schedule I (Income) and Schedule J (Expenses) Chapter 7 bankruptcy.

  • Free FCRA Sample Letters: Dispute Credit Report Errors Yourself (Attorney Approved)

    Stop paying credit repair scams. Download free, attorney-drafted FCRA sample dispute letters you can use today to correct inaccurate items on your credit report and boost your score.

  • Credit Repair Organizations: Why I Call the Industry a Fraud

    A bankruptcy attorney and law professor exposes credit repair fraud. Learn why these companies are ineffective and fail to fix your credit.