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.

  • Why the Visa and Mastercard Settlement Is Back in the News

    Prof. Hernandez, author of Consumer Bankruptcy Law, breaks down the 2026 Credit Card Competition Act and why the $30B Visa/Mastercard settlement failed.

  • Car Loans & Bankruptcy Guide: How to Keep Your Vehicle in 2026

    Rising car loan defaults amidst high interest rates and increasing credit card debt prompt bankruptcy considerations.

  • Can Personal Loans Be Discharged in Bankruptcy? A Lawyer’s Guide

    Can you discharge personal loans in bankruptcy? Professor Hernandez provides a lawyer’s guide to consolidation debt, trustee objections, and filing strategies.

  • The Giuliani Bankruptcy: A Case Study in Residency and Domicile

    This Rudy Giuliani bankruptcy residency domicile case study examines the strategic issues of choosing bankruptcy exemptions and navigating the 730-day residency rule.

  • How Bankruptcy Impacts Lawsuits in Different States

    Filing bankruptcy in one state stops lawsuits everywhere. A consumer bankruptcy expert explains the Supremacy Clause and how the automatic stay halts out-of-state car accident cases.

  • PSLF in 2026: New Rules & Tax Implications

    Is your PSLF at risk? Discover how 2026 tax changes and new OBBBA rules could nullify your public service credits. Learn to protect your forgiveness today.

  • Foreclosures are Rising: Don’t Panic, Get Informed

    Law professor breaks down the foreclosure process and solutions. Learn how bankruptcy protects your home and financial future.

  • Preparing for a Student Loan Bankruptcy Discharge in 2026

    Master the 2026 OBBBA student loan consolidation bankruptcy discharge strategy. Secure your legacy status before the July 1 deadline and beat the return of the tax bomb.

  • Second Amendment Rights and Bankruptcy: Can You Keep Your Firearms?

    Does the Second Amendment protect your guns in bankruptcy court? Learn how state exemptions work and why constitutional rights don’t always equal asset protection.

  • Predatory Hospital Billing Tactics: Protecting Your Finances

    Professor Alexander Hernandez, J.D., explains the link between predatory hospital billing tactics and medical bankruptcy. Protect your assets from medical debt traps.