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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How the National Debt is Forcing Consumers into Debt and Bankruptcy
How the national debt raises borrowing costs, shrinks household budgets, and pushes families toward Chapter 7 or Chapter 13 bankruptcy.
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Avoidance, Abandonment, and the Scope of Bankruptcy Trustee Powers
Learn the Chapter 7 trustee’s powers: understand the one-year insider look-back, post-petition freezes, and statutory abandonment.
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Chapter 7 Bankruptcy and Car Loans: Can You Keep Your Vehicle?
Worried about your vehicle? Learn how Chapter 7 exemptions protect your car loan, how a trustee buy-back works, and the real financial risks of reaffirming.
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Bankruptcy Code Structure: The Different Chapters Explained | Prof. Hernandez
Learn about the U.S. Bankruptcy Code structure from Chapter 7 to Chapter 13. Featured in Consumer Bankruptcy Law by Prof. Hernandez.
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Can You Go to Jail for Debt? The Reality of Debtors’ Prisons
Debunk the debtors’ prison myth. Learn how aggressive creditors exploit state-court contempt loops to trigger civil arrest warrants, and how to stop them.
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Why You Should Never File for Bankruptcy on Payday
Filing bankruptcy on payday is a costly mistake. Learn how the snapshot rule under 11 U.S.C. §541 can trap your paycheck and trigger avoidable financial loss.
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Why Chapter 7 Liquidations Are Outpacing Chapter 13 Cases
Chapter 7 filings are growing at triple the rate of Chapter 13. Learn how escrow shock and the $18.8T household‑debt crisis are driving a wave of liquidations.
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The Hidden Risk of Passive Business Ownership in Consumer Bankruptcy
Does bankruptcy put a relative’s business at risk if your name is on the paperwork? Bankruptcy attorney & law professor Prof. Hernandez analyzes passive equity.
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The Statutory Distribution of Debt in Bankruptcy
A clear guide to how bankruptcy distributes debt, from priority claims to Chapter 13 feasibility and the liquidation test that protects unsecured creditors.
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The Redfin Delisting Surge: The “Buying Time” Strategy
Redfin data shows a surge in delistings as homeowners try to “buy time.” This article explains the risks of becoming an accidental landlord in a tightening economy.