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Bankruptcy.Blog

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  • 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.

  • 2026 Mortgage Interest Rates: Is the 17-Month Low Your Escape Hatch?

    Rates are at a 17-month low. Learn the math on how a refinance can kill credit card debt, shave 7 years off your loan, and your Chapter 13 exit options.

  • Student Loan Forgiveness Update: What Borrowers Should Know Before July 1, 2026

    Prepare for the return of the student loan tax bomb. Prof. Hernandez breaks down the OBBBA, the July 1 deadline for RAP enrollment, and how to avoid aggressive Treasury Department collections.

  • The Hiring of a Bankruptcy Attorney: A Practitioner’s Perspective

    Bankruptcy Attorney & Law Professor provides an expert guide to evaluating bankruptcy attorneys, verifying experience, and transparent fees.

  • Personal Loans from Friends and Family in Bankruptcy: The Preferential Transfer Trap

    Learn what happens when you repay personal loans before bankruptcy. Understand preferential transfers, insider payments, and trustee clawbacks.

  • Equitable Distribution of Marital Debt in Divorce: A Professor’s Guide to Post-Separation Debt and Bankruptcy

    A divorce attorney & law professor explains marital debt. Don’t fall for debt threats! Learn how equitable distribution protects you.

  • Bankruptcy Fees and Costs, Disclosures, and the Attorney-Client Relationship

    A guide to bankruptcy attorney fees, SOFA disclosures, fee prohibitions, and choosing the right lawyer before filing.

  • The Fake Graceland Foreclosure: Anatomy of a Title and Mortgage Fraud Scheme

    A breakdown of the Elvis Graceland fake foreclosure fraud and how the Presley estate exposed and halted the scheme.

  • Data Breaches, Identity Theft, and the Bankruptcy Escape Hatch

    Bankruptcy Attorney and Law Professor explains data breach identity theft solutions and how to protect yourself after a major breach.

  • Kevin Spacey’s Foreclosure Standoff: An Analysis

    Kevin Spacey’s foreclosure standoff shows how post‑sale occupancy works and why bankruptcy eligibility matters. Learn homeowner lessons and Chapter 13 debt limits.

  • Why Credit Reports Are Your First Line of Defense Before a Data Breach

    Data breaches expose personal information, but your credit report can help you catch identity theft fast. Learn the early indicators and how to protect your credit.