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Bankruptcy.Blog

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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.

  • Luxury Expenses in Bankruptcy. Like Golf?

    Liam’s bankruptcy case raises issues about golf expenses and unsecured debts during his filing.

  • Strategic Debt Relief: How Personal Loans Can Help

    Personal loans can relieve debt, improve credit, and settle creditor lawsuits, despite credit challenges.

  • Understanding Non-Dischargeable Debts: Why Bankruptcy Isn’t a “Get Out of Jail Free” Card

    Can criminal fraud debt be discharged? Professor Alexander Hernandez, J.D., explains Section 523(a) and non-dischargeable debt using the G-Herbo case example.

  • The Adversary Process and the Fall of Rudy Giuliani’s Chapter 11 Bankruptcy

    Professor Alexander Hernandez, J.D., analyzes Rudy Giuliani’s Chapter 11 dismissal and the adversary process behind the $148M defamation judgment.

  • Facing a Credit Card Lawsuit? A Law Professor’s Guide to the Process

    When sued, know response due date. Sending a letter to judge is not a proper legal response.

  • The Confusion with Mortgage Liens and Bankruptcy

    Confused by how Chapter 7 or 13 affects your home? A bankruptcy professor explains why mortgage liens survive discharge and how to avoid costly foreclosure traps.

  • Decoding Chapter 7: Exemptions, Means Testing, and the Disposable Income Trap

    Chapter 7 bankruptcy involves liquidation, exemptions, means testing, and disposable income for debtors.

  • Quick Guide to the Basics: Liquidation, Exemptions, and The Means Test

    The blog explores Chapter 7 and Chapter 13 bankruptcies, focusing on exemptions and means testing.

  • Understanding Trustee Scrutiny in Bankruptcy

    Luxury expenses can jeopardize bankruptcy cases due to trustee scrutiny and disclosure requirements.

  • Welcome to Bankruptcy.blog: Navigating Your Path to Financial Relief

    Learn about Chapter 7 and 13 bankruptcy from Professor Alex Hernandez, author of “Consumer Bankruptcy Law” (Routledge). Get expert insights on student loans, mortgages, and filing resources for debtors and paralegals.