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.

  • Reaffirmation Agreements: The Silent Way Creditors Hurt Your Credit After a Chapter 7 Discharge

    Reaffirmation agreements in bankruptcy affect credit reporting of secured debts, impacting debtors’ credit scores significantly.

  • Disbarment and Dismissal: The Legal Tailspin of Rudy Giuliani

    Former New York mayor Rudy Giuliani has been disbarred and filed for Chapter 11 bankruptcy, seeking to convert to Chapter 7.

  • SAVE Plan Ending in 2026: Key Deadlines For Student Loans Borrowers

    Master the student loan repayment transition from the SAVE plan to the OBBBA. Prof. Hernandez explains the Supreme Court ruling, the new RAP plan, and critical July 1 deadlines for borrowers. Protect your forgiveness credits and avoid costly automatic enrollment.

  • Bankruptcy Attorney and Law Professor’s Analysis on Life Insurance and the Bankruptcy Estate

    How does a term life or whole life insurance policy affect a Chapter 7 bankruptcy? As a professor of Consumer Bankruptcy Law, I explain the critical difference between cash value, exemptions, and the steps a bankruptcy trustee can take against your policy.

  • Bankruptcy Residency Requirements: Can You Use Another State’s Exemptions?

    Bankruptcy Attorney and Law Professor explains the 180 and 730-day residency rules. Learn how relocation affects your bankruptcy filing venue and which state’s exemption laws protect your home and assets under the Bankruptcy Code.

  • Bankruptcy and Car Accidents: Navigating Asset Disclosure and Liability

    Can car accident debt be discharged in bankruptcy? Learn how settlements are treated as assets & which accident-related liabilities are eligible for discharge.

  • Navigating the Fallout: How the Infowars Bankruptcy Liquidation Unfolded

    Legal analysis of the Infowars bankruptcy liquidation, examining Chapter 11 conversion, trustee duties, and strict judicial oversight of asset auctions.

  • Republican-led States Sue Biden Administration Over Student Loan Forgiveness | Podcast Discussion

    The podcast delves into student loan forgiveness politics. Republican-led states oppose it, despite potential economic benefits.

  • Navigating the Lawsuit Process: Key Steps Explained

    The podcast discusses being served a lawsuit, legal responses, bankruptcy effects, and mediation.

  • Can Your Golf Hobby Affect Bankruptcy Claims?

    This podcast delves into golf and bankruptcy issues, shedding light on bankruptcy’s impact on golf activities.