Miami Lawyers
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Dismissed with Prejudice and the Prejudice Period
The “prejudice period” limits bankruptcy refiling after dismissal, lasting 180 days for Chapter 7 and 13.
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Why Abolishing the IRS is a Recipe for Economic Disaster
Abolishing the IRS risks financial instability, contradicts historical lessons, and presents impractical implications for loans.
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Burner Phones: U.S. Customs and Border Protection
Burner phones recommended as protection against border phone checks.
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Voting Against Self-Interest: The Economic Consequences
Prof. Hernandez analyzes the 2026 economic slowdown and the “nickel and dimed” affordability crisis. Explore the data on $18T in debt, DOGE audits, and the $14.5T immigration surplus.
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Trump Denies North Carolina FEMA
Political and financial chaos is affecting everyone, necessitating individual preparation for future instability.
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Preparing for a Recession: Decisions Have Consequences
Be prepared for potential recession impacts; prioritize financial caution and avoid impulsive decisions now.
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Consider Freezing Your Credit Now Thanks to DOGE
To protect against data breaches, I froze my credit, ensuring security and peace of mind.
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What Hooters’ Bankruptcy Teaches Consumers About Lease Rejection
Bankruptcy Attorney & Law Professor Hernandez explains how Hooters’ lease rejection strategy under Section 365 can help debtors surrender cars and apartments.
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Official Form 108: Understanding the Statement of Intention
Prof. Hernandez explains Official Form 108. Learn the difference between surrendering, reaffirming, & redeeming assets in a Chapter 7 filing.
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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.
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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.
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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
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Why Filing Bankruptcy is Better Than Raiding Your 401(k)
With a record number of 401(k) hardship withdrawals, consider filing for bankruptcy instead of raiding your retirement account.
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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.
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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.
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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
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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.
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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.