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 Bankruptcy: Launching the Podcast Journey

    Attorney and Law Professor, and author of Consumer Bankruptcy Law, Alex Hernandez launches his new blog and podcast. Learn bankruptcy law from an expert who survived debt—you will, too! 155

  • Chapter 7 Mistakes That Can Force Your Case into Chapter 13

    Bankruptcy professor warns: The Means Test is not enough. Avoid the 5 costly debtor and attorney mistakes that risk your discharge and lead to Chapter 13 conversion.

  • Action Required: Navient Federal Student Loans are Fully Transferring to MOHELA

    Navient federal student loans are now fully serviced by MOHELA. Learn the 3 crucial steps to protect your PSLF progress and check your credit report for critical errors.

  • What Happens After a Car is Repossessed? The Process to Deficiency Judgment

    Don’t assume a car repo ends your liability. Learn the process from repossession to auction, the calculation of the deficiency balance, and how bankruptcy can discharge the resulting judgment.

  • Maximize Your Score: Boosting Credit with Strategic Personal Loans and Debt Management

    Bankruptcy attorney and law professor reveals the strategy: use personal loans to convert non-reporting debt (like taxes & utilities) into positive credit history and maximize your score.

  • The $1.23 Trillion Dollar Credit Card Problem: Time is Ticking for Debtors and Creditors

    Why is bankruptcy up? Legal expert Alex Hernandez explains how record $1.23T debt and the COVID-era statute of limitations are driving creditor lawsuits now.

  • Understanding the Automatic Stay: Chapter 7 Versus Chapter 13 Bankruptcy

    The automatic stay in bankruptcy provides temporary protection, but Chapter 7 may not save your car.

  • What You, Bankruptcy, and Cardi B Could Have in Common

    Learn from Cardi B’s defamation lawsuit against Tasha K and how the 2004 examination is used to find fraud.

  • Divorce Debt: Why a Quitclaim Deed Won’t Save You from Mortgage and Bankruptcy Issues

    As a professor & bankruptcy law author, I explain why a quit claim deed during divorce fails to protect you and will ruin your credit.

  • The Bankruptcy Trustee, Strategies to Protect Your Tax Refund.

    Stop the Bankruptcy Trustee from taking your tax refund. Learn the legal timing strategies you can use in Chapter 7 or 13 bankruptcy.