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.
-
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 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.
-
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.
-
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
-
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.
-
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.
-
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.
-
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
-
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.
-
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.
-
Small Business Tariff Inflation and Chapter 7 Bankruptcy in 2026. The Quiet Crisis
Is tariff inflation pushing your small business toward Chapter 7? Prof. Hernandez explains how to bypass the Means Test using the non-consumer debt loophole and navigate personal liability in the 2026 bankruptcy surge.