Miami Lawyers
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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.
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Podcast: The LLC Myth in Chapter 7 Business Bankruptcy
LLCs provide limited liability, but owners can still be personally liable for business debts.
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Understanding Domestic Support Obligations in Bankruptcy
The video explains domestic support obligations in bankruptcy, emphasizing their priority status and treatment.
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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.
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Student Loan Forgiveness For “Runaway Interest”
The Biden administration’s SAVE plan forgives up to $20,000 in runaway interest for student loan borrowers.
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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.
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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.
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Which Red Lobster Locations Are Closing? Here’s the List
Red Lobster is closing fifty locations amid bankruptcy rumors and recent equipment auctions.
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Great! The Bankruptcy Trustee Abandoned Your Car
Filing for bankruptcy involves a 341 meeting of creditors, trustee’s questions, and protecting your vehicle.
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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.
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Why Chapter 12 Bankruptcy is Hitting the 2026 Kitchen Table
With Chapter 12 filings up 46%, the farm crisis is hitting home. Prof. Hernandez explains how the “Red Rural Recession” is driving 2026 grocery inflation and supply chain delays.
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When the National Debt Surpasses GDP, Households Feel It
Prof. Hernandez explains how the rising national debt drives up interest rates, squeezes household budgets, and raises the cost of living in 2026.
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Probate Court and Inheritances in Bankruptcy: The 180-Day Rule
Discover how the 180-day rule affects inheritances in bankruptcy. Prof. Hernandez explains the risks of “time travel” assets, the date of death trigger, and why disclaiming an inheritance is considered a fraudulent transfer. Learn how to protect your future assets through strategic timing.
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Protecting Divorce Assets When Filing for Bankruptcy
Learn why divorce settlements and home sale proceeds may not be exempt in bankruptcy. Prof. Hernandez explains the reinvestment rule and how to protect your assets.
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Why Being a Life Insurance Beneficiary is a Risk in Bankruptcy
Discover why being a life insurance beneficiary is a high-stakes gamble in bankruptcy. Learn how the 180-day rule under Section 541 can allow a Trustee to seize your payout and why timing your filing is critical to protecting your family’s legacy. Expert analysis by Prof. Hernandez.
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How Bankruptcy is Affected By Your Worker’s Comp Settlement
Prof. Hernandez explains how worker’s compensation impacts the bankruptcy means test. Learn how to manage the gap between the 6-month lookback and your real-world budget on Schedules I and J to avoid the “disposable income” trap.
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Why Your Exempt Worker’s Comp Settlement Is at Risk with Bankruptcy
Prof. Hernandez explains how commingling exempt worker’s comp or retirement funds with general cash can lead to frozen accounts and lost legal protections.
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Deed in Lieu of Foreclosure vs.Bankruptcy. Which Is the Better Exit?
Bankruptcy Attorney & Law Professor explains which choice is better between a Deed in Lieu of Foreclosure or Chapter 7 or13 Bankruptcy?
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Proactive Tenant Strategies When the Landlord is in Foreclosure
Protect your lease when a landlord faces foreclosure or bankruptcy. Prof. Hernandez explains how to use PACER, the impact of Section 365, and your rights under the PTFA 90-day rule.”
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The Parent PLUS Trap: Why You Are a Target For Creditors
Bankruptcy Attorney and Law Professor** Prof. Hernandez warns that Parent PLUS loans make parents an “easy target.” Learn how the Treasury uses wage garnishment and Social Security seizure to recover six-figure educational debt.