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.

  • Understanding Marital Debt and Asset Division in Divorce

    Personal loans and credit card debt in divorce depend on equitable distribution, not ownership.

  • Express Stores in Bankruptcy

    Express Stores has filed for Chapter 11 bankruptcy, planning to close nearly 100 locations.

  • Are Cosigners Responsible for a Personal Loan?

    What are The responsibilities of cosigners on a personal loan and its impact?

  • Rudy Giuliani’s Chapter 11 Bankruptcy Explained

    Rudy Giuliani faces bankruptcy due to a $148 million lawsuit and battles with creditors over allegations.

  • Understanding Alex Jones’ Bankruptcy Conversion Strategy

    Alex Jones is converting his bankruptcy from Chapter 11 to Chapter 7 after a judgment.

  • Can Bankruptcy Stop a Car Repossession? A Clear Guide for Borrowers

    Bankruptcy Attorney & Law Professor Hernandez explains how to stop a car repossession. Learn how Chapter 13 can save your vehicle and how Chapter 7 wipes out deficiency debt as repossessions rise in 2026.

  • Chapter 7 vs Chapter 13 Bankruptcy: Car Loan Solutions

    Mandy and Rick faced car loan issues after filing Chapter 7 bankruptcy, leading to Chapter 13 considerations.

  • Missing a Creditor in Bankruptcy? What to Do

    If you missed a creditor in your Chapter 7 bankruptcy, you can still address the issue.

  • Rising Mortgage Rates, Divorce, and Bankruptcy

    Rising mortgage rates are straining divorce settlements, reducing borrowing power, and increasing long‑term bankruptcy risk—especially when quitclaim deeds leave spouses exposed.

  • Protecting Retirement Assets: A Bankruptcy Law Professor’s Analysis of §522 Exemptions for IRAs and 401(k)s

    Law Professor: Understand the §522 IRA 401(k) protections in bankruptcy. Protect your retirement from the bankruptcy trustee.