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 Bankruptcy: Launching the Podcast Journey

    Attorney and Law Professor, and author of Consumer Bankruptcy Law, Alex Hernandez launches his new blog and podcast. Learn bankruptcy law from an expert who survived debt—you will, too! 155

  • Chapter 7 Mistakes That Can Force Your Case into Chapter 13

    Bankruptcy professor warns: The Means Test is not enough. Avoid the 5 costly debtor and attorney mistakes that risk your discharge and lead to Chapter 13 conversion.

  • Action Required: Navient Federal Student Loans are Fully Transferring to MOHELA

    Navient federal student loans are now fully serviced by MOHELA. Learn the 3 crucial steps to protect your PSLF progress and check your credit report for critical errors.

  • What Happens After a Car is Repossessed? The Process to Deficiency Judgment

    Don’t assume a car repo ends your liability. Learn the process from repossession to auction, the calculation of the deficiency balance, and how bankruptcy can discharge the resulting judgment.

  • Maximize Your Score: Boosting Credit with Strategic Personal Loans and Debt Management

    Bankruptcy attorney and law professor reveals the strategy: use personal loans to convert non-reporting debt (like taxes & utilities) into positive credit history and maximize your score.

  • The $1.23 Trillion Dollar Credit Card Problem: Time is Ticking for Debtors and Creditors

    Why is bankruptcy up? Legal expert Alex Hernandez explains how record $1.23T debt and the COVID-era statute of limitations are driving creditor lawsuits now.

  • Understanding the Automatic Stay: Chapter 7 Versus Chapter 13 Bankruptcy

    The automatic stay in bankruptcy provides temporary protection, but Chapter 7 may not save your car.

  • What You, Bankruptcy, and Cardi B Could Have in Common

    Learn from Cardi B’s defamation lawsuit against Tasha K and how the 2004 examination is used to find fraud.

  • Divorce Debt: Why a Quitclaim Deed Won’t Save You from Mortgage and Bankruptcy Issues

    As a professor & bankruptcy law author, I explain why a quit claim deed during divorce fails to protect you and will ruin your credit.

  • The Bankruptcy Trustee, Strategies to Protect Your Tax Refund.

    Stop the Bankruptcy Trustee from taking your tax refund. Learn the legal timing strategies you can use in Chapter 7 or 13 bankruptcy.