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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The Architecture of Bankruptcy: Judges, Trustees, and Creditors
Demystify the bankruptcy court system with Prof. Hernandez. Learn the distinct roles of Article I judges, private trustees, and the U.S. Trustee.
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The History & Evolution of Bankruptcy Law| Prof. Hernandez
Trace the history and evolution of bankruptcy law with Prof. Hernandez. Discover how ancient insolvency debts transformed into modern asset protections.
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The $18.8 Trillion Household Debt Crisis: Why Older Americans Are Struggling Financially
Rising household debt is hitting seniors hardest. See why older Americans are struggling financially and the legal protections that can safeguard retirement.
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The Non-Judicial Foreclosure Myth: How to Force Your Lender Into Court
Think you can’t stop a non‑judicial foreclosure? Bankruptcy attorney & law professor explains how homeowners can save their home with a court injunction.
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Foreclosures Are Rising: Understanding Your Rights in a Judicial vs. Non‑Judicial State
Learn your foreclosure rights in judicial and non‑judicial states and how Chapter 13 can stop a foreclosure and protect your home.
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Idaho Bankruptcy Exemptions: Protecting Your Assets
Bankruptcy attorney & law professor explains Idaho’s strict bankruptcy exemption laws, residency rules, and how to protect your assets.
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Reaffirmation Agreements: Why You Can’t Negotiate Your Car Note in Chapter 7
Understand the risks in reaffirming a car loan in Chapter 7 bankruptcy and why lenders refuse to negotiate the loan terms.
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Bankruptcy Petition Preparers vs. Attorneys: The Cost of “Cheap” Advice
A bankruptcy attorney and law professor warns how petition preparers cross legal lines, risk dismissal, and jeopardize your home, wages, and case.
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Refinancing Your Mortgage in Chapter 13: The Fast Track to a Discharge
Can you refinance your mortgage in Chapter 13 to get an early discharge? Prof. Hernandez explains the court requirements, the 12-month payment rule, and how to pay off creditors to successfully close your case in 2026.