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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Mapping the Bankruptcy Surge: Newsweek Report Means Struggling Households
New ABI data reveals a massive 49-state spike in filings. Prof. Hernandez breaks down the Newsweek bankruptcy map and what is driving this consumer surge.
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Why the Moody’s Analytics Report Signals a Consumer Bankruptcy Surge
Moody’s Analytics finds the Iran conflict is costing families $750 and fueling a nationwide consumer bankruptcy surge driven by rising household debt.
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Signatory vs. Owner: Is that Bank Account Actually Your Asset in Bankruptcy?
Are you a signatory on a business or relative’s bank account? Learn how bankruptcy law protects these funds from trustees if they aren’t your personal asset.
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The Danger of Being a “Silent” Business Owner in Personal Bankruptcy
Bankruptcy Attorney & Law Professor explains the bankruptcy risks of being listed on a spouse’s corporation, including trustee issues.
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BAPCPA (2005): Reaffirmation Pitfalls and the Attorney Liability Trap
Bankruptcy Attorney & Law Professor explains reaffirmation agreements under BAPCPA 2005 and the hidden risks for debtors and attorneys.
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BAPCPA (2005): The Effect on Consumer Bankruptcy Law
Prof. Hernandez explains how BAPCPA changed consumer bankruptcy law from the Means Test to why people file for bankruptcy.
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The Convenience Bank Account Trap: Can a Trustee Take Your Parents’ Money?
Worried a trustee can take your parents’ money? Understand the convenience‑account defense and how to protect joint family accounts.
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Can the Bankruptcy Trustee Take Your 529 College Plan?
Can a trustee take your 529 college fund? The 529 plan bankruptcy exemption rules explained by a bankruptcy attorney and law professor.
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Is Your Child’s Bank Account Safe in Bankruptcy?
A bankruptcy attorney explains how trustees view children’s savings accounts and when those funds become part of the bankruptcy estate.
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What Are “Clean Bank Statements in Bankruptcy?
Avoid red flags when you file for bankruptcy. Clean bank statements explained by a bankruptcy attorney & law professor.