Miami Lawyers
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Chapter 7 Bankruptcy: The Automatic Stay and Co-Signers
Filing for Chapter 7 with a co-signer? Learn why the automatic stay doesn’t protect them and discover practical strategies to manage the risks.
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Post-Petition Transfers in Bankruptcy and the Avoidance Powers
Understand how trustees manage post-petition assets under 11 U.S.C. § 549 and § 554, including avoidance powers and the economic logic behind asset abandonment.
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The Zero-Equity Trap: How Liquidity Exhaustion is Fueling the Bankruptcy Surge
Learn how long-term auto loans create zero equity, increase bankruptcy risks, and how Chapter 7 or 13 can offer real financial relief.
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When Auto Debt Outlives the Car: The Rise of 84‑Month Loans and Bankruptcy
84‑month auto loans often lead to long‑term negative equity and repossession risk. Learn how bankruptcy can address deficiency balances and protect consumers.
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Understanding the Motion for Turnover in Bankruptcy Proceedings
How the Motion for Turnover in bankruptcy under §542 allows debtors to reclaim repossession of seized assets.
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Saving Your Home After a Foreclosure Sale: The Bankruptcy Strategy
Can bankruptcy stop a foreclosure after the sale? Learn how filing before title transfer can still protect your home.
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Regaining Your Car After Repossession: Bankruptcy Options
Stop car repossession with bankruptcy & force the lender to return your vehicle. Learn how timing and Chapter 13 options work.
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Willful vs. Negligence: Discharging Injury Debt | Prof. Hernandez
Can you discharge injury debt in bankruptcy? Prof. Hernandez explains the critical difference between willful, malicious acts and ordinary negligence.
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Stop Foreclosure Fast: Why Delaying Your Chapter 13 Filing Costs You Thousands
Avoid common foreclosure traps. Discover why acting early with a Chapter 13 filing helps you minimize legal fees, protect your equity, and secure your financial future.
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Auto Repossession Risk Hits 32-Year Highs: What Borrowers Need to Know
Facing auto repossession? Bankruptcy’s automatic stay can stop it, and a Chapter 13 cramdown may lower your loan balance and interest rate.
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How the 2026 Tariffs Affect Chapter 13 Bankruptcy Plans
Discover why 2026 tariff inflation is causing a spike in Chapter 13 plan failures. Prof. Hernandez analyzes the friction between static court budgets and rising costs.
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Tariff Inflation and the Chapter 7 Bankruptcy Means Test Gap
Analyze how 2026 tariff inflation is breaking the Bankruptcy Means Test. Learn why the IRS data lag creates a “Paper Surplus” that blocks Chapter 7 relief.
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Using Your Tax Refund to Hire a Bankruptcy Attorney: A Strategic Guide
Using your tax refund for bankruptcy attorney fees is a strategic “spend down.” Prof. Hernandez explains how this protects your refund and secures your filing.
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Chapter 13 Bankruptcy, Tax Refunds, and Funding the Plan
Learn how to use your tax refund as a strategic asset in Chapter 13. Prof. Hernandez explains how lump-sum refunds can lower monthly payments and prove plan feasibility.
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Chapter 7 Bankruptcy Timing: Is Your Tax Refund Safe in 2026?
Filing Chapter 7 in 2026? Learn how to protect your tax refund using wildcard exemptions. Expert insights on the Child Tax Credit (CTC) vs. EIC and filing timing.
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Strategic Dismissal: Plan B When Chapter 13 Bankruptcy Conversion Fails
Strategic Dismissal: Negotiating with Creditors Outside of Bankruptcy with Prof. Hernandez. Explore how to pivot from a failed Chapter 13 to private settlements, leveraging lump-sum payments while avoiding the pitfalls of dismissal with prejudice.
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The Chapter 13 Conversion: Motions, Objections, and the Liquidation Test
The conversion from Chapter 13 to Chapter 7 isn’t automatic. Prof. Hernandez explores the Motion to Convert, common Trustee objections, and how to pass the mandatory liquidation test.
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A Chapter 13 Cure and Conversion Strategy for Homeowners
Explore the Chapter 13 cure and conversion strategy with Prof. Hernandez. Learn how this tactical pivot helps homeowners save their property and manage debt.
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The 2026 Consumer Bankruptcy Surge: Navigating the Financial Reset
With January layoffs at 2009 levels and 564,613 consumer filings, 2026 is a turning point. Prof. Hernandez (Routledge author) explains your path to solvency.
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Understanding the Chapters 7, 11, and 13 Bankruptcy Surge in 2026
Prof. Hernandez breaks down the surge in Chapter 7, 11, and 13 bankruptcy filings. See the 2025 year-end data and what it means for the 2026 economy.