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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The 910-Day Rule: Explaining The Cramdown on Car Loans
Can you reduce your car loan balance in Chapter 13? Learn how the 910-Day Rule and “hanging paragraph” affect your vehicle cramdown. Prof. Hernandez explains how to save on interest, the PMSI loophole, and why lenders prefer payments over repossession.
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Cramdown vs. Lien Stripping: What’s the Difference in Chapter 13 Bankruptcy?
Learn the key differences between a Chapter 13 cramdown and lien stripping. Find out how to reduce car payments or eliminate second mortgages in bankruptcy.
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How to Reduce Your Car Loan Balance Using a Bankruptcy Cramdown
Is your car loan underwater? Discover how the Chapter 13 cramdown process can “shave” your debt down to the vehicle’s actual value and lower your interest rate. — Prof. Hernandez
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Why Filing Bankruptcy is Better Than Raiding Your 401(k)
With a record number of 401(k) hardship withdrawals, consider filing for bankruptcy instead of raiding your retirement account.
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Robbing Your Future: The Hidden Risks of Using a 401(k) to Buy a House
Should you use your retirement plan to buy a house in 2026? Prof. Hernandez breaks down the math behind the Home Savings Act and shares a personal lesson from the Great Recession on why your 401(k) is safer than home equity.
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Record 401(k) Hardship Withdrawals are a Leading Economic Indicator for 2026
Prof. Hernandez analyzes the record 6% surge in 401(k) hardship withdrawals reported by Fox Business. Discover why this “last resort” move is a leading indicator for the 2026 bankruptcy filing lag.
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Discharging Your IRS Tax Debt With Bankruptcy: The 3-2-240 Rule for 2026
Prof. Hernandez explains how to discharge tax debt in 2026 using the 3-2-240 rule. Learn how to navigate IRS priority claims and tax refunds on Bankruptcy.blog
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Why Chapter 13 is the Ultimate IRS Tax Debt “Restructuring” Tool
Stop the interest bleed in 2026. Prof. Hernandez explains how Chapter 13 bankruptcy freezes IRS penalties, utilizes the Till Rate for secured liens, and restructures tax debt more effectively than a standard installment agreement. Learn how to pay back priority tax at 0% interest and secure your fresh start.
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Prof. Hernandez: Using Tax Installment Agreements to Qualify for Chapter 7
Can’t pass the Means Test? Prof. Hernandez explains how IRS tax payments can legally reduce disposable income on Schedule J to help you qualify for Chapter 7.
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Small Business Tariff Inflation and Chapter 7 Bankruptcy in 2026. The Quiet Crisis
Is tariff inflation pushing your small business toward Chapter 7? Prof. Hernandez explains how to bypass the Means Test using the non-consumer debt loophole and navigate personal liability in the 2026 bankruptcy surge.