Monday, August 31, 2026
Latest:

Bankruptcy.Blog

Your #1 Bankruptcy Resource

Miami Lawyers

  • Foreclosure Rise Continues: Chapter 13 Bankruptcy Saves Homes

    The ATTOM report shows rising foreclosures. See the critical difference: Chapter 7 buys time; only Chapter 13 saves your home by curing the debt.

  • The Tariff Tax: The “Largest U.S. Tax Hike” in 30 Years as Bankruptcies Surge

    Bankruptcy Attorney and Law Professor’s analysis: The tariffs are the ‘largest tax hike’ in 30 years. Learn why regressive tariffs are driving up consumer debt and Chapter 7 filings.

  • The Chapter 13 Bankruptcy Hardship Discharge

    Learn the strict legal requirements for the Chapter 13 bankruptcy hardship discharge (11 U.S.C. § 1328(b)). See what qualifies as unavoidable circumstances and permanent disability.

  • The Tariff Hoax: The Farmer Bailouts to Avoid Bankruptcy

    Expert analysis of why farm bailouts failed to prevent Chapter 12 filings. See how the tariff hoax and loss of foreign aid markets crippled farmers.

  • The Post-Bankruptcy Credit Surge: Rebuild Your Credit

    A bankruptcy discharge is a clean slate. Learn the post-bankruptcy credit surge strategy, including the Secured Credit Card and Credit-Builder Loan tactics.

  • The Rule 2004 Examination: The Broadest Discovery Tool in Bankruptcy

    The Rule 2004 Examination is the “fishing expedition” used by Trustees to investigate assets, transfers, and grounds for discharge denial. Understand its broad scope and limitations.

  • Spotting the Critical Issues in Bankruptcy Schedule J (Expenses)

    Avoid costly mistakes on Schedule J. Learn how Trustees scrutinize expenses, handle joint filings, and calculate disposable income to prevent Chapter 7 conversion or case dismissal.

  • The Perfect Financial Storm is Here

    Travel bans, AI job losses, and tariff policy are creating a ‘perfect storm.’ Learn how record household debt is driving U.S. foreclosures and bankruptcy filings among businesses and consumers.

  • Navigating a Creditor Lawsuit: The Strategic Use of Filing an Answer Before Bankruptcy

    Don’t default! Learn the strategic reason to file an Answer to a creditor lawsuit: buying essential time for saving or qualifying to file for bankruptcy.

  • Advanced Bankruptcy Strategy: Using Chapter 13 to Save Your Home, Then Converting to Chapter 7

    Learn how the Chapter 13 to Chapter 7 conversion strategy allows debtors to cure mortgage arrears, save their home from foreclosure, and discharge unsecured debt.

  • The 910-Day Rule: Explaining The Cramdown on Car Loans

    Can you reduce your car loan balance in Chapter 13? Learn how the 910-Day Rule and “hanging paragraph” affect your vehicle cramdown. Prof. Hernandez explains how to save on interest, the PMSI loophole, and why lenders prefer payments over repossession.

  • Cramdown vs. Lien Stripping: What’s the Difference in Chapter 13 Bankruptcy?

    Learn the key differences between a Chapter 13 cramdown and lien stripping. Find out how to reduce car payments or eliminate second mortgages in bankruptcy.

  • How to Reduce Your Car Loan Balance Using a Bankruptcy Cramdown

    Is your car loan underwater? Discover how the Chapter 13 cramdown process can “shave” your debt down to the vehicle’s actual value and lower your interest rate. — Prof. Hernandez

  • Robbing Your Future: The Hidden Risks of Using a 401(k) to Buy a House

    Should you use your retirement plan to buy a house in 2026? Prof. Hernandez breaks down the math behind the Home Savings Act and shares a personal lesson from the Great Recession on why your 401(k) is safer than home equity.

  • Record 401(k) Hardship Withdrawals are a Leading Economic Indicator for 2026

    Prof. Hernandez analyzes the record 6% surge in 401(k) hardship withdrawals reported by Fox Business. Discover why this “last resort” move is a leading indicator for the 2026 bankruptcy filing lag.

  • Discharging Your IRS Tax Debt With Bankruptcy: The 3-2-240 Rule for 2026

    Prof. Hernandez explains how to discharge tax debt in 2026 using the 3-2-240 rule. Learn how to navigate IRS priority claims and tax refunds on Bankruptcy.blog

  • Why Chapter 13 is the Ultimate IRS Tax Debt “Restructuring” Tool

    Stop the interest bleed in 2026. Prof. Hernandez explains how Chapter 13 bankruptcy freezes IRS penalties, utilizes the Till Rate for secured liens, and restructures tax debt more effectively than a standard installment agreement. Learn how to pay back priority tax at 0% interest and secure your fresh start.

  • Prof. Hernandez: Using Tax Installment Agreements to Qualify for Chapter 7

    Can’t pass the Means Test? Prof. Hernandez explains how IRS tax payments can legally reduce disposable income on Schedule J to help you qualify for Chapter 7.

  • Small Business Tariff Inflation and Chapter 7 Bankruptcy in 2026. The Quiet Crisis

    Is tariff inflation pushing your small business toward Chapter 7? Prof. Hernandez explains how to bypass the Means Test using the non-consumer debt loophole and navigate personal liability in the 2026 bankruptcy surge.