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.

  • Reaffirmation Agreements: The Silent Way Creditors Hurt Your Credit After a Chapter 7 Discharge

    Reaffirmation agreements in bankruptcy affect credit reporting of secured debts, impacting debtors’ credit scores significantly.

  • Disbarment and Dismissal: The Legal Tailspin of Rudy Giuliani

    Former New York mayor Rudy Giuliani has been disbarred and filed for Chapter 11 bankruptcy, seeking to convert to Chapter 7.

  • SAVE Plan Ending in 2026: Key Deadlines For Student Loans Borrowers

    Master the student loan repayment transition from the SAVE plan to the OBBBA. Prof. Hernandez explains the Supreme Court ruling, the new RAP plan, and critical July 1 deadlines for borrowers. Protect your forgiveness credits and avoid costly automatic enrollment.

  • Bankruptcy Attorney and Law Professor’s Analysis on Life Insurance and the Bankruptcy Estate

    How does a term life or whole life insurance policy affect a Chapter 7 bankruptcy? As a professor of Consumer Bankruptcy Law, I explain the critical difference between cash value, exemptions, and the steps a bankruptcy trustee can take against your policy.

  • Bankruptcy Residency Requirements: Can You Use Another State’s Exemptions?

    Bankruptcy Attorney and Law Professor explains the 180 and 730-day residency rules. Learn how relocation affects your bankruptcy filing venue and which state’s exemption laws protect your home and assets under the Bankruptcy Code.

  • Bankruptcy and Car Accidents: Navigating Asset Disclosure and Liability

    Can car accident debt be discharged in bankruptcy? Learn how settlements are treated as assets & which accident-related liabilities are eligible for discharge.

  • Navigating the Fallout: How the Infowars Bankruptcy Liquidation Unfolded

    Legal analysis of the Infowars bankruptcy liquidation, examining Chapter 11 conversion, trustee duties, and strict judicial oversight of asset auctions.

  • Republican-led States Sue Biden Administration Over Student Loan Forgiveness | Podcast Discussion

    The podcast delves into student loan forgiveness politics. Republican-led states oppose it, despite potential economic benefits.

  • Navigating the Lawsuit Process: Key Steps Explained

    The podcast discusses being served a lawsuit, legal responses, bankruptcy effects, and mediation.

  • Can Your Golf Hobby Affect Bankruptcy Claims?

    This podcast delves into golf and bankruptcy issues, shedding light on bankruptcy’s impact on golf activities.