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.

  • Maximize Savings with Chapter 13 Cramdown | Bankruptcy Blog

    Chapter 13 bankruptcy offers benefits such as protecting nonexempt assets and allowing for a cramdown on car loans.

  • Can You Pay Bankruptcy Attorney with Credit Cards?

    Can you pay your bankruptcy lawyer with a credit card? A bankruptcy attorney & law professor explains why this is a red flag for the Trustee.

  • Financing the End: Should You Use a Personal Loan for Your Divorce?

    Can you use a personal loan to pay for a divorce lawyer? Prof. Hernandez explains the risks of financing contested vs. uncontested cases and the link to bankruptcy.

  • Why Good People Get Bad Credit: An Economic Reality

    Rebuild your credit after financial hardship with step‑by‑step strategies for improving scores, lowering debt, and restoring financial confidence.

  • Stopping Foreclosure: Can Chapter 13 Save Your Home at the Last Minute?

    Is your foreclosure sale only days away? Prof. Hernandez explains how the Automatic Stay and “bare-bones” Chapter 13 filings provide a last-minute lifeline to save your home and catch up on missed payments.

  • Medical Debt and the Strategic Path to Financial Recovery

    Learn when to file bankruptcy for medical debt. Understand treatment timing, billing traps, and strategic steps to maximize debt relief.

  • Will Red Lobster Survive? What Their Chapter 11 Teaches Us About Bankruptcy

    Red Lobster survived its Chapter 11 bankruptcy. Discover the legal strategies that saved the brand as you prepare for 2026.

  • VA Foreclosure Relief in 2026: What Homeowners Need to Know After VASP Ends

    VASP is gone, and no replacement program exists yet. Learn the real VA mortgage assistance options in 2026, including modifications, timelines, and Chapter 13 relief.

  • Find Out Which States Oppose Student Loan Forgiveness

    Prof. Hernandez analyzes the Republican-led lawsuits blocking student loan relief. Learn how states used MOHELA’s revenue to establish standing and what the shift toward aggressive collections means for borrowers in 2026.

  • What to Expect at Your 341 Meeting: A Law Professor’s Guide

    Learn what to expect at your 341 meeting from Prof. Hernandez. A guide to the Chapter 7 Trustee’s questions, 2026 remote hearing rules, and your path to solvency.