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Bankruptcy.Blog

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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.

  • 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.

  • Systemic Failure and the Mortgage Crisis: An Analytical Review of Inside Job

    A bankruptcy attorney & professor analyzes Inside Job. Explore systemic failures, predatory lending, and their impact on today’s financial landscape.

  • Chapter 7 & 13: Navigating Tax Refund Asset Protections

    Don’t lose your tax refund in bankruptcy. Learn the legal strategies of timing & exemption analysis under Chapter 7 or 13 bankruptcy.

  • Who Pays for the Personal Loan in a Divorce? Equitable Distribution Explained

    Bankruptcy Attorney and Law Professor explains how personal loans and premarital debts are divided in a divorce. Learn why “equitable distribution” means the name on the loan is secondary to when the debt was incurred and how to protect your assets.

  • The Hidden Cost of Credit Reporting Errors

    Nearly 50% of credit reports contain errors. Prof. Hernandez analyzes how these inaccuracies create ‘moral character’ flags, derail professional licensure, and cause ‘last-mile’ failures in home purchases.

  • Understanding Domestic Support Obligations (DSO) in Bankruptcy: A Law Professor’s Guide

    Bankruptcy Attorney and Law Professor explains how Domestic Support Obligations (DSO)—child support and alimony—are NON-DISCHARGEABLE in Chapter 7 and Chapter 13 bankruptcy.

  • Red Lobster Files Bankruptcy

    Bankruptcy Attorney & Law Professor analyzes Red Lobster’s Chapter 11 filing. Get the critical facts on corporate reorganization, debt restructuring, location closings, and what it signals for consumers.

  • Social Security Income & Bankruptcy: Protection, Exclusions, & the Means Test

    Bankruptcy Attorney and Law Professor Prof. Hernandez explains why Social Security income is excluded from the Chapter 7 means test and how it affects your bankruptcy discharge.

  • Facing Foreclosure: Understanding Your Options and How Bankruptcy Can Help

    Facing foreclosure? Explore practical options—from deeds in lieu and loan workouts to how Chapter 7 or Chapter 13 bankruptcy can pause foreclosure and protect your home.

  • Bankruptcy Tips: Handling Omitted Creditors

    Learn what to do if you forget to list a creditor in a Chapter 7 bankruptcy filing.

  • What Happened to Dollar Tree and Family Dollar Store?

    Drastic changes in shopping habits and rising bankruptcies are affecting many businesses nationwide.