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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Foreclosure Rise Continues: Chapter 13 Bankruptcy Saves Homes
The ATTOM report shows rising foreclosures. See the critical difference: Chapter 7 buys time; only Chapter 13 saves your home by curing the debt.
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The Tariff Tax: The “Largest U.S. Tax Hike” in 30 Years as Bankruptcies Surge
Bankruptcy Attorney and Law Professor’s analysis: The tariffs are the ‘largest tax hike’ in 30 years. Learn why regressive tariffs are driving up consumer debt and Chapter 7 filings.
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The Chapter 13 Bankruptcy Hardship Discharge
Learn the strict legal requirements for the Chapter 13 bankruptcy hardship discharge (11 U.S.C. § 1328(b)). See what qualifies as unavoidable circumstances and permanent disability.
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The Tariff Hoax: The Farmer Bailouts to Avoid Bankruptcy
Expert analysis of why farm bailouts failed to prevent Chapter 12 filings. See how the tariff hoax and loss of foreign aid markets crippled farmers.
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The Post-Bankruptcy Credit Surge: Rebuild Your Credit
A bankruptcy discharge is a clean slate. Learn the post-bankruptcy credit surge strategy, including the Secured Credit Card and Credit-Builder Loan tactics.
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The Rule 2004 Examination: The Broadest Discovery Tool in Bankruptcy
The Rule 2004 Examination is the “fishing expedition” used by Trustees to investigate assets, transfers, and grounds for discharge denial. Understand its broad scope and limitations.
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Spotting the Critical Issues in Bankruptcy Schedule J (Expenses)
Avoid costly mistakes on Schedule J. Learn how Trustees scrutinize expenses, handle joint filings, and calculate disposable income to prevent Chapter 7 conversion or case dismissal.
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The Perfect Financial Storm is Here
Travel bans, AI job losses, and tariff policy are creating a ‘perfect storm.’ Learn how record household debt is driving U.S. foreclosures and bankruptcy filings among businesses and consumers.
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Navigating a Creditor Lawsuit: The Strategic Use of Filing an Answer Before Bankruptcy
Don’t default! Learn the strategic reason to file an Answer to a creditor lawsuit: buying essential time for saving or qualifying to file for bankruptcy.
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Advanced Bankruptcy Strategy: Using Chapter 13 to Save Your Home, Then Converting to Chapter 7
Learn how the Chapter 13 to Chapter 7 conversion strategy allows debtors to cure mortgage arrears, save their home from foreclosure, and discharge unsecured debt.