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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.

  • Community Actions to Combat Student Loan Crisis

    The author proposes a community service initiative to reduce student loan debt through pro bono work.

  • What to Expect with the Trump Tariffs and Student Loans Forgiveness

    Student loans may increase under Trump, with conflicting policies impacting borrowers and education costs.

  • The Hidden Bankruptcy Risk of Renting Out Your Home

    Learn whether Chapter 7 bankruptcy protects your homestead—and how renting out your home or living elsewhere can cause you to lose that protection.

  • Understanding Alaska Bankruptcy Exemptions: Your Guide to Protecting Assets

    Navigating bankruptcy in Alaska involves understanding state exemptions and residency requirements to protect assets.

  • How Alabama Bankruptcy Exemptions Protect Your Assets

    Alabama bankruptcy exemptions vary significantly, affecting asset protection based on residency and state laws.

  • The Tariff Squeeze, National Debt, and the 2026 Insolvency Crisis

    Tariff costs are pushing consumers deeper into debt and fueling a growing bankruptcy surge.

  • Elon Musk and The Onion: Infowars Auction Explained

    Confused by the Infowars auction? Discover the legal reality behind the sale and how Chapter 7 bankruptcy law actually works to compensate creditors.

  • Asset Collection and Judgment Enforcement: The Rudy Giuliani Case

    Rudy Giuliani faces contempt of court and creditor collection for defaming Georgia poll workers.

  • Debunking Sovereign Citizen Myths: Know Your Rights

    Think you know your rights? A law professor debunks dangerous sovereign citizen myths about mortgages, the UCC, and secret bank accounts.

  • Handling insurance Proceeds and Bankruptcy

    Insurance proceeds from hurricane damages impact bankruptcy; careful planning and documentation are crucial.