Miami Lawyers
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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Why Chapter 12 Bankruptcy is Hitting the 2026 Kitchen Table
With Chapter 12 filings up 46%, the farm crisis is hitting home. Prof. Hernandez explains how the “Red Rural Recession” is driving 2026 grocery inflation and supply chain delays.
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When the National Debt Surpasses GDP, Households Feel It
Prof. Hernandez explains how the rising national debt drives up interest rates, squeezes household budgets, and raises the cost of living in 2026.
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Probate Court and Inheritances in Bankruptcy: The 180-Day Rule
Discover how the 180-day rule affects inheritances in bankruptcy. Prof. Hernandez explains the risks of “time travel” assets, the date of death trigger, and why disclaiming an inheritance is considered a fraudulent transfer. Learn how to protect your future assets through strategic timing.
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Protecting Divorce Assets When Filing for Bankruptcy
Learn why divorce settlements and home sale proceeds may not be exempt in bankruptcy. Prof. Hernandez explains the reinvestment rule and how to protect your assets.
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Why Being a Life Insurance Beneficiary is a Risk in Bankruptcy
Discover why being a life insurance beneficiary is a high-stakes gamble in bankruptcy. Learn how the 180-day rule under Section 541 can allow a Trustee to seize your payout and why timing your filing is critical to protecting your family’s legacy. Expert analysis by Prof. Hernandez.
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How Bankruptcy is Affected By Your Worker’s Comp Settlement
Prof. Hernandez explains how worker’s compensation impacts the bankruptcy means test. Learn how to manage the gap between the 6-month lookback and your real-world budget on Schedules I and J to avoid the “disposable income” trap.
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Why Your Exempt Worker’s Comp Settlement Is at Risk with Bankruptcy
Prof. Hernandez explains how commingling exempt worker’s comp or retirement funds with general cash can lead to frozen accounts and lost legal protections.
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Deed in Lieu of Foreclosure vs.Bankruptcy. Which Is the Better Exit?
Bankruptcy Attorney & Law Professor explains which choice is better between a Deed in Lieu of Foreclosure or Chapter 7 or13 Bankruptcy?
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Proactive Tenant Strategies When the Landlord is in Foreclosure
Protect your lease when a landlord faces foreclosure or bankruptcy. Prof. Hernandez explains how to use PACER, the impact of Section 365, and your rights under the PTFA 90-day rule.”
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The Parent PLUS Trap: Why You Are a Target For Creditors
Bankruptcy Attorney and Law Professor** Prof. Hernandez warns that Parent PLUS loans make parents an “easy target.” Learn how the Treasury uses wage garnishment and Social Security seizure to recover six-figure educational debt.