Miami Lawyers
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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Personal Loans and Credit Cards: Dividing Marital Debt in a Divorce
A divorce attorney and law professor explains how marital debt is divided, and why debt in one spouse’s name may still be shared in divorce.
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Missing Creditors in Bankruptcy Petition? Here’s What You Can Do
Forgot to list a creditor in your Chapter 7 bankruptcy? Take these steps to protect yourself and keep the automatic stay in place.
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Strategic Foreclosure Delay: Using Bankruptcy to Secure a Successful Home Sale
Authored by a published law professor. This guide details how to use bankruptcy to secure a crucial delay and successfully sell your home before foreclosure.
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Bankruptcy & Car Loans: Reaffirmation and Co-Signer Risk
Debtors facing bankruptcy must decide whether to keep or surrender their car and understand co-borrower and co-signer liabilities.
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Understanding Domestic Support Obligations in Bankruptcy: A Professor’s Guide
Domestic support obligations, like alimony and child support, are not dischargeable in bankruptcy. They have priority.
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Understanding Bankruptcy: Effect of Joint Car Ownership in Chapter 7 and Chapter 13
Hailey’s joint ownership of her boyfriend’s car in Georgia complicates her options for bankruptcy filing.
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Rite Aid Locations Closing in California Due to Bankruptcy- What You Need to Know
Rite Aid bankruptcy spurs closures in California. Bankruptcies surged in 2023; expect more filings in 2024.
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$5 Billion More in Student Loan Debt Relief for 74,000 Borrowers
The Biden administration cancels $5 billion in student loans for 74,000 borrowers, including teachers, nurses, and firefighters.
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LLC Bankruptcy: A Professor’s Take on Why Limited Liability Doesn’t Always Protect You
Even with an LLC, filing for business bankruptcy may require personal bankruptcy. Chapter 7 or 11 is possible.
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How Bankruptcy Influences Divorce Settlements
Bankruptcy can complicate divorces, affecting debt responsibility and credit reports. Federal law trumps state law.