Miami Lawyers
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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Personal Loans and Credit Cards: Dividing Marital Debt in a Divorce
A divorce attorney and law professor explains how marital debt is divided, and why debt in one spouse’s name may still be shared in divorce.
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Missing Creditors in Bankruptcy Petition? Here’s What You Can Do
Forgot to list a creditor in your Chapter 7 bankruptcy? Take these steps to protect yourself and keep the automatic stay in place.
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Strategic Foreclosure Delay: Using Bankruptcy to Secure a Successful Home Sale
Authored by a published law professor. This guide details how to use bankruptcy to secure a crucial delay and successfully sell your home before foreclosure.
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Bankruptcy & Car Loans: Reaffirmation and Co-Signer Risk
Debtors facing bankruptcy must decide whether to keep or surrender their car and understand co-borrower and co-signer liabilities.
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Understanding Domestic Support Obligations in Bankruptcy: A Professor’s Guide
Domestic support obligations, like alimony and child support, are not dischargeable in bankruptcy. They have priority.
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Understanding Bankruptcy: Effect of Joint Car Ownership in Chapter 7 and Chapter 13
Hailey’s joint ownership of her boyfriend’s car in Georgia complicates her options for bankruptcy filing.
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Rite Aid Locations Closing in California Due to Bankruptcy- What You Need to Know
Rite Aid bankruptcy spurs closures in California. Bankruptcies surged in 2023; expect more filings in 2024.
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$5 Billion More in Student Loan Debt Relief for 74,000 Borrowers
The Biden administration cancels $5 billion in student loans for 74,000 borrowers, including teachers, nurses, and firefighters.
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LLC Bankruptcy: A Professor’s Take on Why Limited Liability Doesn’t Always Protect You
Even with an LLC, filing for business bankruptcy may require personal bankruptcy. Chapter 7 or 11 is possible.
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How Bankruptcy Influences Divorce Settlements
Bankruptcy can complicate divorces, affecting debt responsibility and credit reports. Federal law trumps state law.