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Bankruptcy.Blog

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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.

  • Understanding Marital Debt and Asset Division in Divorce

    Personal loans and credit card debt in divorce depend on equitable distribution, not ownership.

  • Express Stores in Bankruptcy

    Express Stores has filed for Chapter 11 bankruptcy, planning to close nearly 100 locations.

  • Are Cosigners Responsible for a Personal Loan?

    What are The responsibilities of cosigners on a personal loan and its impact?

  • Rudy Giuliani’s Chapter 11 Bankruptcy Explained

    Rudy Giuliani faces bankruptcy due to a $148 million lawsuit and battles with creditors over allegations.

  • Understanding Alex Jones’ Bankruptcy Conversion Strategy

    Alex Jones is converting his bankruptcy from Chapter 11 to Chapter 7 after a judgment.

  • Can Bankruptcy Stop a Car Repossession? A Clear Guide for Borrowers

    Bankruptcy Attorney & Law Professor Hernandez explains how to stop a car repossession. Learn how Chapter 13 can save your vehicle and how Chapter 7 wipes out deficiency debt as repossessions rise in 2026.

  • Chapter 7 vs Chapter 13 Bankruptcy: Car Loan Solutions

    Mandy and Rick faced car loan issues after filing Chapter 7 bankruptcy, leading to Chapter 13 considerations.

  • Missing a Creditor in Bankruptcy? What to Do

    If you missed a creditor in your Chapter 7 bankruptcy, you can still address the issue.

  • Rising Mortgage Rates, Divorce, and Bankruptcy

    Rising mortgage rates are straining divorce settlements, reducing borrowing power, and increasing long‑term bankruptcy risk—especially when quitclaim deeds leave spouses exposed.

  • Protecting Retirement Assets: A Bankruptcy Law Professor’s Analysis of §522 Exemptions for IRAs and 401(k)s

    Law Professor: Understand the §522 IRA 401(k) protections in bankruptcy. Protect your retirement from the bankruptcy trustee.