Miami Lawyers
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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How Personal Loans and Bankruptcy Work: Tips and Strategies
Personal loans offer debt consolidation benefits but can affect bankruptcy cases.
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Avoiding Credit Card Use Before Bankruptcy
Debtors should avoid using credit cards 90 days before bankruptcy to prevent trustee objections.
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Understanding the Risks of Cosigning Student Loans for Your Child
Cosigning student loans can impact your credit and put you at risk financially.
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Car Repossessions on the Rise: Impact on Bankruptcy Proceedings
Car repossessions have risen 23% this year, impacting loans and potential bankruptcy options significantly.
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Rudy Giuliani Chapter 11 Case Dismissed: Impact and Consequences
Rudy Giuliani’s Chapter 11 bankruptcy case was dismissed.
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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.