Miami Lawyers

  • Reaffirmation Agreements: The Silent Way Creditors Hurt Your Credit After a Chapter 7 Discharge

    Reaffirmation agreements in bankruptcy affect credit reporting of secured debts, impacting debtors’ credit scores significantly.

  • Disbarment and Dismissal: The Legal Tailspin of Rudy Giuliani

    Former New York mayor Rudy Giuliani has been disbarred and filed for Chapter 11 bankruptcy, seeking to convert to Chapter 7.

  • SAVE Plan Ending in 2026: Key Deadlines For Student Loans Borrowers

    Master the student loan repayment transition from the SAVE plan to the OBBBA. Prof. Hernandez explains the Supreme Court ruling, the new RAP plan, and critical July 1 deadlines for borrowers. Protect your forgiveness credits and avoid costly automatic enrollment.

  • Bankruptcy Attorney and Law Professor’s Analysis on Life Insurance and the Bankruptcy Estate

    How does a term life or whole life insurance policy affect a Chapter 7 bankruptcy? As a professor of Consumer Bankruptcy Law, I explain the critical difference between cash value, exemptions, and the steps a bankruptcy trustee can take against your policy.

  • Bankruptcy Residency Requirements: Can You Use Another State’s Exemptions?

    Bankruptcy Attorney and Law Professor explains the 180 and 730-day residency rules. Learn how relocation affects your bankruptcy filing venue and which state’s exemption laws protect your home and assets under the Bankruptcy Code.

  • Bankruptcy and Car Accidents: Navigating Asset Disclosure and Liability

    Can car accident debt be discharged in bankruptcy? Learn how settlements are treated as assets & which accident-related liabilities are eligible for discharge.

  • Navigating the Fallout: How the Infowars Bankruptcy Liquidation Unfolded

    Legal analysis of the Infowars bankruptcy liquidation, examining Chapter 11 conversion, trustee duties, and strict judicial oversight of asset auctions.

  • Republican-led States Sue Biden Administration Over Student Loan Forgiveness | Podcast Discussion

    The podcast delves into student loan forgiveness politics. Republican-led states oppose it, despite potential economic benefits.

  • Navigating the Lawsuit Process: Key Steps Explained

    The podcast discusses being served a lawsuit, legal responses, bankruptcy effects, and mediation.

  • Can Your Golf Hobby Affect Bankruptcy Claims?

    This podcast delves into golf and bankruptcy issues, shedding light on bankruptcy’s impact on golf activities.

  • The Household Debt Crisis Driving the 2026 Bankruptcy Wave

    Learn how the household debt crisis & bankruptcy wave are unfolding in 2026 & what legal options protect families facing rising delinquencies.

  • The Chapter 13 Marathon: Why You Need Permission Before Taking on New Debt

    New debt in Chapter 13 is permanent and requires court approval. Learn how the “Motion to Incur Debt” protects your case, explained by a Bankruptcy Attorney & Law Professor.

  • Bankruptcy’s Timing Mistake: Medical Bills & Debt You Can’t Erase

    Post‑petition debt is permanent, making bankruptcy timing critical. Learn how the snapshot rule protects you, explained by a Bankruptcy Attorney & Law Professor.

  • 401(k) Loans in Chapter 13: The Step‑Up Trap That Can Break Your Plan

    A 401(k) loan in Chapter 13 can trigger a step‑up trap that raises your plan payments. Bankruptcy Attorney & Law Professor explains.

  • How Your 401(k) Withdrawal Can Sabotage Your Chapter 7 Means Test

    Bankruptcy Attorney & Law Professor explains how a 401k withdrawal impacts the Chapter 7 bankruptcy Mean Test.

  • The Hidden Small‑Business Bankruptcy Wave: From Chapter 11 to 7

    Small‑business bankruptcies are rising as owners shift from Chapter 11 to Chapter 7. Learn how tariffs, rates, leases, and personal liability drive liquidation

  • How Retirement Contributions Affect a Bankruptcy Case

    Bankruptcy Attorney & Law Professor explains how 401(k) & IRA retirement contributions affect your disposable income in bankruptcy.

  • 401(k) Loans in Bankruptcy: Why They Are Listed as Secured Debt

    As living costs rise in 2026, 401(k) loans are becoming more common, yet many don’t realize they are classified as secured debt. Prof. Hernandez explains why these loans aren’t dischargeable in bankruptcy and the severe tax penalties of defaulting.

  • How Spirit Airlines’ Collapse Compares to the American Household

    Rising costs are grounding families like Spirit Airlines. Learn how inflation is pushing household budgets to a breaking point.

  • The Perfect Storm: From Rural America, to the Boardroom, to the Kitchen Table

    Prof. Hernandez analyzes the “Perfect Storm”: Linking the Chapter 12 farm surge to corporate insolvency and the rise of household debt survival tactics.