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.

  • 2026 Mortgage Interest Rates: Is the 17-Month Low Your Escape Hatch?

    Rates are at a 17-month low. Learn the math on how a refinance can kill credit card debt, shave 7 years off your loan, and your Chapter 13 exit options.

  • Student Loan Forgiveness Update: What Borrowers Should Know Before July 1, 2026

    Prepare for the return of the student loan tax bomb. Prof. Hernandez breaks down the OBBBA, the July 1 deadline for RAP enrollment, and how to avoid aggressive Treasury Department collections.

  • The Hiring of a Bankruptcy Attorney: A Practitioner’s Perspective

    Bankruptcy Attorney & Law Professor provides an expert guide to evaluating bankruptcy attorneys, verifying experience, and transparent fees.

  • Personal Loans from Friends and Family in Bankruptcy: The Preferential Transfer Trap

    Learn what happens when you repay personal loans before bankruptcy. Understand preferential transfers, insider payments, and trustee clawbacks.

  • Equitable Distribution of Marital Debt in Divorce: A Professor’s Guide to Post-Separation Debt and Bankruptcy

    A divorce attorney & law professor explains marital debt. Don’t fall for debt threats! Learn how equitable distribution protects you.

  • Bankruptcy Fees and Costs, Disclosures, and the Attorney-Client Relationship

    A guide to bankruptcy attorney fees, SOFA disclosures, fee prohibitions, and choosing the right lawyer before filing.

  • The Fake Graceland Foreclosure: Anatomy of a Title and Mortgage Fraud Scheme

    A breakdown of the Elvis Graceland fake foreclosure fraud and how the Presley estate exposed and halted the scheme.

  • Data Breaches, Identity Theft, and the Bankruptcy Escape Hatch

    Bankruptcy Attorney and Law Professor explains data breach identity theft solutions and how to protect yourself after a major breach.

  • Kevin Spacey’s Foreclosure Standoff: An Analysis

    Kevin Spacey’s foreclosure standoff shows how post‑sale occupancy works and why bankruptcy eligibility matters. Learn homeowner lessons and Chapter 13 debt limits.

  • Why Credit Reports Are Your First Line of Defense Before a Data Breach

    Data breaches expose personal information, but your credit report can help you catch identity theft fast. Learn the early indicators and how to protect your credit.