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 Accidental Landlord: How Renting Your House Forfeits Bankruptcy Protection

    Learn how renting your home forfeits your homestead exemption in bankruptcy and why “accidental landlords” risk losing their property when filing Chapter 7 or Chapter 13 in 2026.

  • Gambling with a HELOC to Pay Record Credit Card Debt in 2026

    Bankruptcy Attorney & Law Professor Hernandez analyzes why using a HELOC to pay off record-high credit card debt in 2026 is a risky “equity stripping” move compared to bankruptcy.

  • Mortgage Defaults Rising: An Escrow Shock Analysis of the 2026 Foreclosure Surge

    Mortgage defaults are rising as Escrow Shock drives a 2026 foreclosure surge. Protect yourself with Chapter 13 and remove second mortgages.

  • Understanding the Bankruptcy Rescission Period with Reaffirmation Agreements

    Buyer’s remorse? Prof. Hernandez explains how to cancel a reaffirmation agreement within the 60-day rescission period under 11 U.S.C. 524(c).

  • Reaffirmation Agreements: Why “Vulture Creditors” Want Your Signature

    Are “vulture creditors” pressuring you to sign a reaffirmation agreement on furniture or electronics? Prof. Hernandez exposes their high-pressure tactics, the “silverware” bluff, and how to protect your bankruptcy fresh start from unnecessary personal liability.

  • Do I Have to Go to Court for a Reaffirmation Agreement?

    Bankruptcy Attorney & Law Professor explains when a court appearance is required for a reaffirmation agreement.

  • The Bankruptcy Contradiction: Why Filing Can Raise Your Credit Score

    Can filing for bankruptcy actually improve your credit? Prof. Hernandez explains the 2026 “Credit Reset” paradox, DTI benefits, and reaffirmation strategies.

  • The Zombie Store Card: Why Retail Closures are a Hidden Credit Score Landmine

    Bankruptcy attorney and law professor explains how retail store closures in 2026 can trigger sudden credit score drops. Learn how “zombie” store cards raise utilization and hurt your FICO.

  • Why Your “Common Sense” is Killing Your Credit Score

    Bankruptcy Attorney & Law Professor explains how to improve your credit score while protecting your cash instead of giving large deposits.

  • 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.