Miami Lawyers

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • Schedule H: How to Protect Co-Debtors from Debt Liability

    Expert analysis of Bankruptcy Schedule H, Co-Debtors and the Automatic Stay and how it protects co-debtors.

  • Chapter 13 Bankruptcy and Driver’s License Reinstatement

    Bankruptcy law professor explains how Chapter 13 license reinstatement works to wipe out debt from a car accident debt.

  • Car Accident Debt and Your Driver’s License: Can Bankruptcy Get You Back on the Road?

    If your driver’s license was suspended, learn how to use Chapter 7 bankruptcy to reinstate your license. Learn the critical steps.

  • The 2% Gamble: Why Chapter 13 Bankruptcy is Not a DIY Project

    Bankruptcy Professor explains the harsh truth: pro se Chapter 13 filings have a near-zero success rate.

  • Bankruptcy Filings Surge in 2025: What the Numbers Reveal About Economic Stress

    A Sharp Rise in Bankruptcy Filings—What’s Driving It? According to recent data from Epiq AACER, U.S. bankruptcy filings have surged in 2025, with Chapter 7 cases up 15% and total filings climbing over 10% year-over-year. These numbers aren’t just statistics; they’re an urgent financial signal. The rise in consumer debt is being amplified by high-interest…

  • Chapter 7 Bankruptcy: When to Surrender Your Car

    Surrendering your car in Chapter 7 is complex. A bankruptcy law professor explains the critical timing of vehicle surrender, how the loan deficiency becomes unsecured debt, and the crucial financial trap you must avoid when listing your expenses.

  • Professor: What to List on Bankruptcy Schedule G.

    Professor’s guide to Schedule G: Avoid common mistakes with leases and executory contracts.

  • The Two-Home Trap: Why Chapter 7 Isn’t an Option When You Want to Keep Both Houses

    Chapter 7 bankruptcy may risk asset liquidation; consider Chapter 13 to retain properties.

  • Wages Garnished After Filing Bankruptcy? It’s an Illegal Automatic Stay Violation. Here’s Your 3-Step Legal Fix.

    Were your wages garnished after you filed bankruptcy? Get the professor’s 3-step plan to recover your money now.

  • What to Do About Your 401(k) After Spirit Airlines’ Bankruptcy

    Spirit Airlines’ bankruptcy affects your retirement savings; confirm your 401(k) match status immediately.