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.

  • Beyond the Cease & Desist: A Tactical Guide to Handling Debt Collection in 2026

    Debt collection in 2026 is more aggressive than ever. Learn how to log violations, challenge the evidence, and use state-level protections to build a successful debt defense.

  • Discharging Personal Loans to Friends and Family in Bankruptcy

    Bankruptcy Attorney explains how personal loans to friends & family are unsecured in bankruptcy & how trustees claw back recent repayments.

  • Understanding Bankruptcy Attorney Fees: Transparency and Retainer Agreements

    Prof. Hernandez: Your expert guide to bankruptcy attorney fees and costs. Learn the truth about retainer agreements and avoid fee discrepancies. Read more.

  • The 99 Cents Only Files for Bankruptcy

    The 99 Cents Only company filed for Chapter 11 bankruptcy and plans to close all locations.

  • Understanding Bankruptcy’s Role in Divorce Outcomes: A Legal Summary

    A bankruptcy law expert explains how joint debt works in a divorce and bankruptcy case. Learn why federal law trumps hold harmless clauses.

  • How Bankruptcy Affects Divorce Proceedings

    Divorce and bankruptcy intersect complexly, impacting financial responsibilities and legal agreements after separation.

  • Your Car and Bankruptcy: Key Insights

    The video explains car implications in Chapter 7 and Chapter 13 bankruptcy, including exemptions.

  • The Hidden Risk of an Underwater Mortgage: Realities, Data, and Recovery Options

    Learn your real options when your mortgage is underwater. Explore short sales, deeds in lieu, accidental landlord strategies, and Chapter 13 lien stripping to reduce debt and protect your home.

  • Predatory Student Loans and the Legacy of Relief in the OBBBA Era

    Law Professor explains predatory student loans & how the Big Beautiful Bill changes eligibility for relief for defrauded borrowers.

  • The Critical Role of the Bankruptcy Consultation

    Bankruptcy consultation questions every lawyer should ask. Understand timing, disclosures, and red flags that can make or break your case