Miami Lawyers

  • Understanding the 341 Meeting of Creditors and the Rule 2004 Examination

    What is the real difference between a 341 Meeting and a Rule 2004 Examination? Prof. Hernandez explains the scope, authority, and strategy behind these bankruptcy tools.

  • Podcast: The LLC Myth in Chapter 7 Business Bankruptcy

    LLCs provide limited liability, but owners can still be personally liable for business debts.

  • Understanding Domestic Support Obligations in Bankruptcy

    The video explains domestic support obligations in bankruptcy, emphasizing their priority status and treatment.

  • Divorced! You Are Still Liable for the Mortgage

    After divorce, signing over the house via a quit claim deed does not remove mortgage liability. This affects credit, loan eligibility, and could lead to foreclosure. The original mortgage contract remains, impacting credit for up to 30 years. Protect yourself by seeking property sale or complete home refinance, and ensuring proof of mortgage pre-approval.

  • Student Loan Forgiveness For “Runaway Interest”

    The Biden administration’s SAVE plan forgives up to $20,000 in runaway interest for student loan borrowers.

  • Vehicle Title Discrepancies and Bankruptcy: The “Control” Principle

    Vehicle titles can create major bankruptcy risks. Understand ownership issues, equity exposure, fraudulent transfers, and how Chapter 13 and cramdown can protect your car.

  • Are LLCs Bulletproof? Understanding Business Bankruptcy & Personal Liability

    Bankruptcy Attorney and Law Professor Prof. Hernandez analyzes the limitations of the LLC shield, examining how personal guarantees and bankruptcy impact your personal assets and business liability.

  • Which Red Lobster Locations Are Closing? Here’s the List

    Red Lobster is closing fifty locations amid bankruptcy rumors and recent equipment auctions.

  • Great! The Bankruptcy Trustee Abandoned Your Car

    Filing for bankruptcy involves a 341 meeting of creditors, trustee’s questions, and protecting your vehicle.

  • Chapter 7 Bankruptcy in 4 Months? You Got This!

    Chapter 7 bankruptcy takes about four months, with key steps including filing, creditor meeting, and discharge.

  • The Household Debt Crisis Driving the 2026 Bankruptcy Wave

    Learn how the household debt crisis & bankruptcy wave are unfolding in 2026 & what legal options protect families facing rising delinquencies.

  • The Chapter 13 Marathon: Why You Need Permission Before Taking on New Debt

    New debt in Chapter 13 is permanent and requires court approval. Learn how the “Motion to Incur Debt” protects your case, explained by a Bankruptcy Attorney & Law Professor.

  • Bankruptcy’s Timing Mistake: Medical Bills & Debt You Can’t Erase

    Post‑petition debt is permanent, making bankruptcy timing critical. Learn how the snapshot rule protects you, explained by a Bankruptcy Attorney & Law Professor.

  • 401(k) Loans in Chapter 13: The Step‑Up Trap That Can Break Your Plan

    A 401(k) loan in Chapter 13 can trigger a step‑up trap that raises your plan payments. Bankruptcy Attorney & Law Professor explains.

  • How Your 401(k) Withdrawal Can Sabotage Your Chapter 7 Means Test

    Bankruptcy Attorney & Law Professor explains how a 401k withdrawal impacts the Chapter 7 bankruptcy Mean Test.

  • The Hidden Small‑Business Bankruptcy Wave: From Chapter 11 to 7

    Small‑business bankruptcies are rising as owners shift from Chapter 11 to Chapter 7. Learn how tariffs, rates, leases, and personal liability drive liquidation

  • How Retirement Contributions Affect a Bankruptcy Case

    Bankruptcy Attorney & Law Professor explains how 401(k) & IRA retirement contributions affect your disposable income in bankruptcy.

  • 401(k) Loans in Bankruptcy: Why They Are Listed as Secured Debt

    As living costs rise in 2026, 401(k) loans are becoming more common, yet many don’t realize they are classified as secured debt. Prof. Hernandez explains why these loans aren’t dischargeable in bankruptcy and the severe tax penalties of defaulting.

  • How Spirit Airlines’ Collapse Compares to the American Household

    Rising costs are grounding families like Spirit Airlines. Learn how inflation is pushing household budgets to a breaking point.

  • The Perfect Storm: From Rural America, to the Boardroom, to the Kitchen Table

    Prof. Hernandez analyzes the “Perfect Storm”: Linking the Chapter 12 farm surge to corporate insolvency and the rise of household debt survival tactics.