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Bankruptcy.Blog

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Miami Lawyers

  • 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 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.

  • The Economic Reality of Tariffs: Bankruptcy Filings Surge in 2026

    A bankruptcy attorney and law professor explains how rising tariffs are contributing to a new bankruptcy surge and what the economic fallout means for consumers.

  • President Biden Announces Last Batch of Student Loan Forgiveness

    Prof. Hernandez clarifies the real history of PSLF, the death of the SAVE plan, and critical new transition boundaries under the 2026 OBBBA framework.

  • Filing Bankruptcy in Arkansas: Exemptions Explained

    Learn how to protect your assets using Arkansas bankruptcy exemptions. Understand the difference between state and federal options, the homestead exemption, and wildcard rules for Chapter 7 and 13 cases.

  • The Corporate Snowball Effect: Understanding the 2026 Business Bankruptcy Surge

    The corporate & small business bankruptcy surge continues as retail failures continue to increase Chapter 7, Subchapter V, & Chapter 13 filings.

  • The Legal and Financial Reality of Restructuring the Department of Education

    If the Department of Education is eliminated, student loans will remain, with potential increased payments.

  • Credit Report Errors with Student Loans and Data Breaches

    Regularly checking your credit report is vital to avoid costly errors and identity theft.

  • Understanding the Impact of the Federal Government Shutdowns

    Federal government shutdowns continue to harm the economy, affecting employees and local businesses significantly.

  • Understanding Bankruptcy Exemptions in Arizona: Protecting Your Assets

    Bankruptcy Attorney & Law Professor explains the 2026 Arizona bankruptcy exemptions. Protect your home and car from creditors.

  • How Health Insurance and Medical Bills Drives Bankruptcy Claims

    The content discusses the connection between medical debt and bankruptcy, emphasizing healthcare issues in America.

  • No Guarantees that the Trump Tariffs Will Lower Prices

    Trump tariffs and rising costs threaten consumer finances, increasing debt and expenses significantly.