Miami Lawyers

  • How the 2026 Tariffs Affect Chapter 13 Bankruptcy Plans

    Discover why 2026 tariff inflation is causing a spike in Chapter 13 plan failures. Prof. Hernandez analyzes the friction between static court budgets and rising costs.

  • Tariff Inflation and the Chapter 7 Bankruptcy Means Test Gap

    Analyze how 2026 tariff inflation is breaking the Bankruptcy Means Test. Learn why the IRS data lag creates a “Paper Surplus” that blocks Chapter 7 relief.

  • Using Your Tax Refund to Hire a Bankruptcy Attorney: A Strategic Guide

    Using your tax refund for bankruptcy attorney fees is a strategic “spend down.” Prof. Hernandez explains how this protects your refund and secures your filing.

  • Chapter 13 Bankruptcy, Tax Refunds, and Funding the Plan

    Learn how to use your tax refund as a strategic asset in Chapter 13. Prof. Hernandez explains how lump-sum refunds can lower monthly payments and prove plan feasibility.

  • Chapter 7 Bankruptcy Timing: Is Your Tax Refund Safe in 2026?

    Filing Chapter 7 in 2026? Learn how to protect your tax refund using wildcard exemptions. Expert insights on the Child Tax Credit (CTC) vs. EIC and filing timing.

  • Strategic Dismissal: Plan B When Chapter 13 Bankruptcy Conversion Fails

    Strategic Dismissal: Negotiating with Creditors Outside of Bankruptcy with Prof. Hernandez. Explore how to pivot from a failed Chapter 13 to private settlements, leveraging lump-sum payments while avoiding the pitfalls of dismissal with prejudice.

  • The Chapter 13 Conversion: Motions, Objections, and the Liquidation Test

    The conversion from Chapter 13 to Chapter 7 isn’t automatic. Prof. Hernandez explores the Motion to Convert, common Trustee objections, and how to pass the mandatory liquidation test.

  • A Chapter 13 Cure and Conversion Strategy for Homeowners

    Explore the Chapter 13 cure and conversion strategy with Prof. Hernandez. Learn how this tactical pivot helps homeowners save their property and manage debt.

  • The 2026 Consumer Bankruptcy Surge: Navigating the Financial Reset

    With January layoffs at 2009 levels and 564,613 consumer filings, 2026 is a turning point. Prof. Hernandez (Routledge author) explains your path to solvency.

  • Understanding the Chapters 7, 11, and 13 Bankruptcy Surge in 2026

    Prof. Hernandez breaks down the surge in Chapter 7, 11, and 13 bankruptcy filings. See the 2025 year-end data and what it means for the 2026 economy.

  • North Dakota Bankruptcy Means Test Figures for 2026

    North Dakota’s 2026 bankruptcy means test figures and how eligibility for Chapter 7 or Chapter 13 is determined.

  • Idaho Bankruptcy Means Test: Updated Figures and Forms

    Learn Idaho’s bankruptcy Means Test income limits, allowable expense deductions, and how eligibility is determined for Chapter 7 or Chapter 13 relief.

  • The New York Bankruptcy Means Test: Figures and Forms (2026)

    Learn New York’s bankruptcy means test income limits, allowable deductions, & determine eligibility for Chapter 7 or Chapter 13 relief.

  • North Carolina Bankruptcy Means Test: Figures and Forms

    North Carolina’s 2026 bankruptcy means test figures and how eligibility for Chapter 7 or Chapter 13 is determined.

  • Idaho’s Unique Bankruptcy Homestead Exemption

    Idaho’s homestead exemption protects up to $175,000 in home equity in bankruptcy. Learn the rules, limits, and how Idaho’s “intent to occupy” requirement works.

  • Client Confidentiality and the Threat of Technology

    Learn how paralegals can protect client confidentiality in bankruptcy practice. Follow proven intake, verification, and communication protocols to avoid liability.

  • Handling Difficult Bankruptcy Clients: Office Protocols

    Practical guidance for paralegals on handling difficult bankruptcy clients, setting boundaries, documenting issues, and following office protocols to protect the firm.

  • When Bankruptcy Meets a DUI: Discharging Debt vs. Restoring a Driver’s License

    Bankruptcy may reinstate a suspended driver’s license, but it won’t eliminate DUI debts or satisfy DUI reinstatement requirements.

  • Chapter 13 Confirmation Hearings: What to Expect and Why They Are Delayed

    Learn why Chapter 13 confirmation hearings are often continued, what causes delays, and how trustees and creditors review your plan before approval.

  • Understanding Bankruptcy Judges and the Federal Court Structure

    Learn how bankruptcy judges differ from Article III judges with fixed 14-year terms, circuit court appointments, & exclusive federal jurisdiction.