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Bankruptcy.Blog

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Miami Lawyers

  • Stop Creditor Action: The Critical Step After Filing Bankruptcy with the Automatic Stay

    Don’t lose your car or wages! Learn the critical steps to enforce the Automatic Stay by filing the Notice or Suggestion of Bankruptcy and legally stop all creditor action now.

  • How to File a Proof of Claim in Any Consumer Bankruptcy Case

    A professor’s essential guide on filing Official Form 410 (Proof of Claim). Learn how to secure your consumer deposit and claim priority status under 11 U.S.C. § 507.

  • Why Record Debt $18.59T Guarantees a Bankruptcy Surge in 2026

    Bankruptcy attorney & law professor explains the debt-to-bankruptcy lag & the record debt that guarantees a surge in bankruptcy filings.

  • Black Friday & Bankruptcy: The Dangers of Using Credit Cards Before Filing

    Don’t risk your discharge! A bankruptcy law attorney and law professors expert details how credit card spending during Black Friday and the holidays can be challenged as fraud by Trustees.

  • American Signature Files for Bankruptcy, Your Order, and My Furniture Industry Forecast

    As a bankruptcy professor, I explain why American Signature filed and your urgent rights. Learn how to file a claim, use credit card chargebacks, and protect your furniture deposit.

  • Buying a Car While in Chapter 13: The Critical Steps Every Debtor Must Know

    Are you in Chapter 13 bankruptcy and need a car loan? Learn the critical steps to get court and Trustee approval. Avoid plan dismissal, high rates, and feasibility objections.

  • The Surprise Chapter 13 Bankruptcy Debtors Rarely See Coming: The Plan Payment is Not Permanent

    Professor-verified: Your Chapter 13 plan payment is not fixed. Learn why a raise or job loss could trigger a mandatory payment increase or even force a conversion to Chapter 7 bankruptcy.

  • Schedule I (Income) of the Bankruptcy Petition: Avoid Pitfalls That Force Chapter 13 or Dismissal

    Bankruptcy Attorney & published professor explains the common errors on Schedule I (Income) and Schedule J (Expenses) Chapter 7 bankruptcy.

  • Free FCRA Sample Letters: Dispute Credit Report Errors Yourself (Attorney Approved)

    Stop paying credit repair scams. Download free, attorney-drafted FCRA sample dispute letters you can use today to correct inaccurate items on your credit report and boost your score.

  • Credit Repair Organizations: Why I Call the Industry a Fraud

    A bankruptcy attorney and law professor exposes credit repair fraud. Learn why these companies are ineffective and fail to fix your credit.

  • The Rise of Aggressive Collection by the Treasury Department

    The Department of Education is officially initiating the student loan transfer to Treasury collections. As the SAVE plan ends, learn how the OBBBA and the new 30-year repayment terms impact your financial survival. Prof. Hernandez breaks down the Treasury’s “hired muscle” tactics.

  • The Foreclosure Surge. How Tenants Can Stay in the Property

    As foreclosures rise 20%, tenants face a dilemma: who gets the rent? Prof. Hernandez explains your legal rights and how to handle the assignment of rents.

  • Sinking in Car Debt? How the Chapter 13 Cramdown Rescues You From Long-Term Car Loans

    Bankruptcy Attorney & Law Professor Hernandez analyzes the 100-month car loan debt trap and how the Chapter 13 cramdown can reduce negative equity to fair market value.

  • The Forever Car Loan: Why Stretching Your Term is a Financial Trap

    Prof. Hernandez analyzes why 100-month car loans are a financial trap. Discover the “Double Sting” of reaffirmation agreements and how bankruptcy provides a clean exit

  • Personal Injury Settlements: Chapter 7 vs. Chapter 13 Bankruptcy

    Prof. Hernandez explains how personal injury settlements are treated in Chapter 7 liquidation vs. Chapter 13 reorganization, including the Liquidation Test.

  • How Personal Injury Settlements Move Through a Bankruptcy Case

    Learn how the process of a PI settlement moves through a bankruptcy case and why the Trustee oversees every step. Understand what the bankruptcy Trustee requires and how the process affects your claim

  • Protecting Your Recovery: Personal Injury Settlements and the Bankruptcy Estate

    Can you keep your personal injury settlement in bankruptcy? Prof. Hernandez analyzes 11 U.S.C. § 522(d)(11)(D), state exemptions, and strategic alternatives to filing.

  • The AI Economy and the Looming “Dot-Com” Reckoning

    Prof. Hernandez analyzes the AI profitability paradox, the “Dot-Com” reckoning, and why the death of the tax base threatens the future of the middle class.

  • Does Bankruptcy Stop Eviction? The Pre vs. Post-Judgment Rule

    Bankruptcy Attorney & Law Professor explains when bankruptcy stops eviction, how the pre‑ vs. post‑judgment rule works, and when landlords can still proceed.

  • The Tenant in the Middle: What Happens When Your Landlord Files Bankruptcy?

    If your landlord files for bankruptcy, your lease doesn’t just disappear. Prof. Hernandez explains “accidental landlords,” escrow shock, and how Section 365(h) protects tenant rights during a filing.