Miami Lawyers

  • Navigating a Creditor Lawsuit: The Prove Debt Ownership Defense

    Professor & author’s guide to debt lawsuit defense. Learn to challenge debt ownership, use discovery to delay judgments, and stop garnishment with bankruptcy.

  • Cure Mortgage Arrears: How to Force a Lender to Accept Your Payments

    Stop foreclosure even if your lender refuses payment. Prof. Hernandez explains how to cure mortgage arrears using Chapter 13 and state court motions to compel.

  • The 57-Store Shutdown of Off Fifth Avenue and Financial Reset of Saks Global

    Prof. Hernandez analyzes the Saks Global bankruptcy: 57 Saks Off 5th stores closing and a total “Financial Reset.” View the full list of remaining stores and what this retail collapse means for the 2026 economy.

  • Suing the Government is Your Best Move Against Student Loan Garnishments

    Stop federal student loan garnishment by leveraging the “settlement gap.” Learn why filing an adversary proceeding is the key to forcing a government settlement and discharging debt under the latest DOJ guidance.

  • Mom and Pop Small Businesses Reach Record High in Bankruptcy Filings

    Bankruptcy attorney & law professor reports on the record small business bankruptcies in 2025 caused by the impact of the Trump tariffs.

  • The Motion for Relief from Stay: Check Your Local Bankruptcy Forms First

    Filing for Relief from Stay? Before you draft a motion, check your local bankruptcy court forms. Using mandatory district templates is key to avoiding rejection.

  • The Motion for Relief from Stay Versus The Automatic Stay

    Received a Motion for Relief from Stay? A bankruptcy attorney and law professor explains how creditors try to lift the automatic stay.

  • Bankruptcy Petition Preparers: A Compliance Checklist Under 11 U.S.C. §110

    What are the legal requirements for a bankruptcy petition preparer? Professor Alex Hernandez breaks down 11 U.S.C. § 110, including Form 119, fee limits, and the ban on legal advice.

  • The Hidden Risks of Bankruptcy Petition Preparers: Why “Cheap” Can Be Costly

    Discover the risks of using a bankruptcy petition preparer. Professor Alex Hernandez explains why legal advice, accountability, and court advocacy make a lawyer essential for your fresh start.

  • The Statement of Financial Affairs (SOFA) on the Bankruptcy Petition

    A bankruptcy attorney and law professor’s comprehensive review of the Statement of Financial Affairs in the bankruptcy petition.

  • 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.