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.

  • Why the Visa and Mastercard Settlement Is Back in the News

    Prof. Hernandez, author of Consumer Bankruptcy Law, breaks down the 2026 Credit Card Competition Act and why the $30B Visa/Mastercard settlement failed.

  • Car Loans & Bankruptcy Guide: How to Keep Your Vehicle in 2026

    Rising car loan defaults amidst high interest rates and increasing credit card debt prompt bankruptcy considerations.

  • Can Personal Loans Be Discharged in Bankruptcy? A Lawyer’s Guide

    Can you discharge personal loans in bankruptcy? Professor Hernandez provides a lawyer’s guide to consolidation debt, trustee objections, and filing strategies.

  • The Giuliani Bankruptcy: A Case Study in Residency and Domicile

    This Rudy Giuliani bankruptcy residency domicile case study examines the strategic issues of choosing bankruptcy exemptions and navigating the 730-day residency rule.

  • How Bankruptcy Impacts Lawsuits in Different States

    Filing bankruptcy in one state stops lawsuits everywhere. A consumer bankruptcy expert explains the Supremacy Clause and how the automatic stay halts out-of-state car accident cases.

  • PSLF in 2026: New Rules & Tax Implications

    Is your PSLF at risk? Discover how 2026 tax changes and new OBBBA rules could nullify your public service credits. Learn to protect your forgiveness today.

  • Foreclosures are Rising: Don’t Panic, Get Informed

    Law professor breaks down the foreclosure process and solutions. Learn how bankruptcy protects your home and financial future.

  • Preparing for a Student Loan Bankruptcy Discharge in 2026

    Master the 2026 OBBBA student loan consolidation bankruptcy discharge strategy. Secure your legacy status before the July 1 deadline and beat the return of the tax bomb.

  • Second Amendment Rights and Bankruptcy: Can You Keep Your Firearms?

    Does the Second Amendment protect your guns in bankruptcy court? Learn how state exemptions work and why constitutional rights don’t always equal asset protection.

  • Predatory Hospital Billing Tactics: Protecting Your Finances

    Professor Alexander Hernandez, J.D., explains the link between predatory hospital billing tactics and medical bankruptcy. Protect your assets from medical debt traps.