Monday, August 31, 2026
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Bankruptcy.Blog

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Miami Lawyers

  • 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.

  • 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.

  • Judgment Liens and Home Equity Erosion: The Silent Cost of Ignored Lawsuits

    Bankruptcy attorney and law professor explains how judgment liens trigger home equity erosion. Don’t lose the equity in your home.

  • 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.