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.

  • Maximize Savings with Chapter 13 Cramdown | Bankruptcy Blog

    Chapter 13 bankruptcy offers benefits such as protecting nonexempt assets and allowing for a cramdown on car loans.

  • Can You Pay Bankruptcy Attorney with Credit Cards?

    Can you pay your bankruptcy lawyer with a credit card? A bankruptcy attorney & law professor explains why this is a red flag for the Trustee.

  • Financing the End: Should You Use a Personal Loan for Your Divorce?

    Can you use a personal loan to pay for a divorce lawyer? Prof. Hernandez explains the risks of financing contested vs. uncontested cases and the link to bankruptcy.

  • Why Good People Get Bad Credit: An Economic Reality

    Rebuild your credit after financial hardship with step‑by‑step strategies for improving scores, lowering debt, and restoring financial confidence.

  • Stopping Foreclosure: Can Chapter 13 Save Your Home at the Last Minute?

    Is your foreclosure sale only days away? Prof. Hernandez explains how the Automatic Stay and “bare-bones” Chapter 13 filings provide a last-minute lifeline to save your home and catch up on missed payments.

  • Medical Debt and the Strategic Path to Financial Recovery

    Learn when to file bankruptcy for medical debt. Understand treatment timing, billing traps, and strategic steps to maximize debt relief.

  • Will Red Lobster Survive? What Their Chapter 11 Teaches Us About Bankruptcy

    Red Lobster survived its Chapter 11 bankruptcy. Discover the legal strategies that saved the brand as you prepare for 2026.

  • VA Foreclosure Relief in 2026: What Homeowners Need to Know After VASP Ends

    VASP is gone, and no replacement program exists yet. Learn the real VA mortgage assistance options in 2026, including modifications, timelines, and Chapter 13 relief.

  • Find Out Which States Oppose Student Loan Forgiveness

    Prof. Hernandez analyzes the Republican-led lawsuits blocking student loan relief. Learn how states used MOHELA’s revenue to establish standing and what the shift toward aggressive collections means for borrowers in 2026.

  • What to Expect at Your 341 Meeting: A Law Professor’s Guide

    Learn what to expect at your 341 meeting from Prof. Hernandez. A guide to the Chapter 7 Trustee’s questions, 2026 remote hearing rules, and your path to solvency.