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.

  • Chapter 13 Bankruptcy: Wage Stagnation, Inflation, and the Survival Budget

    Navigating a Chapter 13 plan during inflation? This guide explains feasibility strategies, the liquidation test, and how to effectively manage your repayment plan.

  • The Bankruptcy Tipping Point: Chapter 7, Grocery Inflation, and the Means Test Trap

    How inflation and outdated IRS allowances affect Chapter 7 eligibility in 2026, plus key strategies for navigating the Means Test.

  • Understanding Credit Reports: Disputing Errors Made Easy

    Learn how to identify and dispute common errors on your Equifax, Experian, and TransUnion credit reports. Protect your credit core!

  • The 2026 Rise in Bankruptcy Filings: Why Small Businesses Are Hitting the Debt Wall

    Small businesses are facing mounting debt pressure in 2026. Learn why more owners are turning to Subchapter V to restructure obligations and secure a fresh start.

  • Indiana Bankruptcy Exemptions: Protecting Your Assets

    Protect your assets in Indiana with our expert guide to bankruptcy exemptions. Prof. Hernandez breaks down the tangible and intangible property rules to help you secure a fresh start.

  • Chapter 7 Bankruptcy and Debunking the Liquidation Myth

    Is Chapter 7 always a liquidation? Learn the reality of no-asset cases, the truth about the means test, and why this chapter may not save your home. Read the expert breakdown.

  • The LLC Illusion: Accidental Landlords and Personal Liability in Foreclosures

    Foreclosure rates are at a 7-year high. Don’t fall for the LLC liability trap. Learn why personal guarantees survive title transfers and protect your future.

  • The 2026 Bankruptcy Surge and the New Importance of the Co‑Debtor Stay

    Bankruptcy filings have surged 47%. Learn how the Chapter 13 Co‑Debtor Stay protects co‑signers from zero‑equity auto loans and deficiency lawsuits.

  • Chapter 13 Bankruptcy: The Co-Debtor Stay Advantage

    Protect your co‑signers with this guide to the Chapter 13 Co‑Debtor Stay. Learn how the stay works, its limits, and how to prevent post‑bankruptcy deficiency lawsuits against co‑debtors.

  • Illinois Bankruptcy Exemptions: A Complete Guide to Asset Protection

    Protect your property with this complete guide to Illinois bankruptcy exemptions. Learn how to maximize your asset protection and navigate state-specific rules effectively.