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.

  • The 341 Meeting of Creditors: It’s Not What You Think

    The “341 meeting of creditors” in bankruptcy is a low-key affair conducted by a trustee.

  • Reverse Mortgages and Bankruptcy: A Strategic Analysis

    Prof. Hernandez analyzes the risks of reverse mortgages in Chapter 7 and 13 bankruptcy. Learn how compounding interest and technical defaults impact home equity and why timing your filing is critical to protecting your assets.

  • Understanding 341 Meeting of Creditors in Bankruptcy: What to Expect

    Bankruptcy 341 meetings are informal, with no judge, jury, or adversarial atmosphere. Creditors rarely attend.

  • Bankrupty Attorney and Law Professor’s Guide to Consolidating Debt and Saving Money

    Learn a Bankruptcy Attorney and Law Professor’s strategic guide to debt consolidation with a personal loan to save money.

  • How Personal Loans and Bankruptcy Work: Tips and Strategies

    Personal loans offer debt consolidation benefits but can affect bankruptcy cases.

  • Avoiding Credit Card Use Before Bankruptcy

    Debtors should avoid using credit cards 90 days before bankruptcy to prevent trustee objections.

  • Understanding the Risks of Cosigning Student Loans for Your Child

    Cosigning student loans can impact your credit and put you at risk financially.

  • Car Repossessions on the Rise: Impact on Bankruptcy Proceedings

    Car repossessions have risen 23% this year, impacting loans and potential bankruptcy options significantly.

  • Rudy Giuliani Chapter 11 Case Dismissed: Impact and Consequences

    Rudy Giuliani’s Chapter 11 bankruptcy case was dismissed.

  • Redbox Bankruptcy: The End of an Era

    Bankruptcy law professor explains the Redbox Chapter 7 liquidation and what the end of the DVD rental era means for consumers and the entertainment industry.