Monday, August 31, 2026
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Bankruptcy.Blog

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Miami Lawyers

  • Systemic Failure and the Mortgage Crisis: An Analytical Review of Inside Job

    A bankruptcy attorney & professor analyzes Inside Job. Explore systemic failures, predatory lending, and their impact on today’s financial landscape.

  • Chapter 7 & 13: Navigating Tax Refund Asset Protections

    Don’t lose your tax refund in bankruptcy. Learn the legal strategies of timing & exemption analysis under Chapter 7 or 13 bankruptcy.

  • Who Pays for the Personal Loan in a Divorce? Equitable Distribution Explained

    Bankruptcy Attorney and Law Professor explains how personal loans and premarital debts are divided in a divorce. Learn why “equitable distribution” means the name on the loan is secondary to when the debt was incurred and how to protect your assets.

  • The Hidden Cost of Credit Reporting Errors

    Nearly 50% of credit reports contain errors. Prof. Hernandez analyzes how these inaccuracies create ‘moral character’ flags, derail professional licensure, and cause ‘last-mile’ failures in home purchases.

  • Understanding Domestic Support Obligations (DSO) in Bankruptcy: A Law Professor’s Guide

    Bankruptcy Attorney and Law Professor explains how Domestic Support Obligations (DSO)—child support and alimony—are NON-DISCHARGEABLE in Chapter 7 and Chapter 13 bankruptcy.

  • Red Lobster Files Bankruptcy

    Bankruptcy Attorney & Law Professor analyzes Red Lobster’s Chapter 11 filing. Get the critical facts on corporate reorganization, debt restructuring, location closings, and what it signals for consumers.

  • Social Security Income & Bankruptcy: Protection, Exclusions, & the Means Test

    Bankruptcy Attorney and Law Professor Prof. Hernandez explains why Social Security income is excluded from the Chapter 7 means test and how it affects your bankruptcy discharge.

  • Facing Foreclosure: Understanding Your Options and How Bankruptcy Can Help

    Facing foreclosure? Explore practical options—from deeds in lieu and loan workouts to how Chapter 7 or Chapter 13 bankruptcy can pause foreclosure and protect your home.

  • Bankruptcy Tips: Handling Omitted Creditors

    Learn what to do if you forget to list a creditor in a Chapter 7 bankruptcy filing.

  • What Happened to Dollar Tree and Family Dollar Store?

    Drastic changes in shopping habits and rising bankruptcies are affecting many businesses nationwide.

  • 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.