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.

  • Understanding Marital Debt and Asset Division in Divorce

    Personal loans and credit card debt in divorce depend on equitable distribution, not ownership.

  • Express Stores in Bankruptcy

    Express Stores has filed for Chapter 11 bankruptcy, planning to close nearly 100 locations.

  • Are Cosigners Responsible for a Personal Loan?

    What are The responsibilities of cosigners on a personal loan and its impact?

  • Rudy Giuliani’s Chapter 11 Bankruptcy Explained

    Rudy Giuliani faces bankruptcy due to a $148 million lawsuit and battles with creditors over allegations.

  • Understanding Alex Jones’ Bankruptcy Conversion Strategy

    Alex Jones is converting his bankruptcy from Chapter 11 to Chapter 7 after a judgment.

  • Can Bankruptcy Stop a Car Repossession? A Clear Guide for Borrowers

    Bankruptcy Attorney & Law Professor Hernandez explains how to stop a car repossession. Learn how Chapter 13 can save your vehicle and how Chapter 7 wipes out deficiency debt as repossessions rise in 2026.

  • Chapter 7 vs Chapter 13 Bankruptcy: Car Loan Solutions

    Mandy and Rick faced car loan issues after filing Chapter 7 bankruptcy, leading to Chapter 13 considerations.

  • Missing a Creditor in Bankruptcy? What to Do

    If you missed a creditor in your Chapter 7 bankruptcy, you can still address the issue.

  • Rising Mortgage Rates, Divorce, and Bankruptcy

    Rising mortgage rates are straining divorce settlements, reducing borrowing power, and increasing long‑term bankruptcy risk—especially when quitclaim deeds leave spouses exposed.

  • Protecting Retirement Assets: A Bankruptcy Law Professor’s Analysis of §522 Exemptions for IRAs and 401(k)s

    Law Professor: Understand the §522 IRA 401(k) protections in bankruptcy. Protect your retirement from the bankruptcy trustee.