Miami Lawyers

  • Maximize Savings with Chapter 13 Cramdown | Bankruptcy Blog

    Chapter 13 bankruptcy offers benefits such as protecting nonexempt assets and allowing for a cramdown on car loans.

  • Can You Pay Bankruptcy Attorney with Credit Cards?

    Can you pay your bankruptcy lawyer with a credit card? A bankruptcy attorney & law professor explains why this is a red flag for the Trustee.

  • Financing the End: Should You Use a Personal Loan for Your Divorce?

    Can you use a personal loan to pay for a divorce lawyer? Prof. Hernandez explains the risks of financing contested vs. uncontested cases and the link to bankruptcy.

  • Why Good People Get Bad Credit: An Economic Reality

    Rebuild your credit after financial hardship with step‑by‑step strategies for improving scores, lowering debt, and restoring financial confidence.

  • Stopping Foreclosure: Can Chapter 13 Save Your Home at the Last Minute?

    Is your foreclosure sale only days away? Prof. Hernandez explains how the Automatic Stay and “bare-bones” Chapter 13 filings provide a last-minute lifeline to save your home and catch up on missed payments.

  • Medical Debt and the Strategic Path to Financial Recovery

    Learn when to file bankruptcy for medical debt. Understand treatment timing, billing traps, and strategic steps to maximize debt relief.

  • Will Red Lobster Survive? What Their Chapter 11 Teaches Us About Bankruptcy

    Red Lobster survived its Chapter 11 bankruptcy. Discover the legal strategies that saved the brand as you prepare for 2026.

  • VA Foreclosure Relief in 2026: What Homeowners Need to Know After VASP Ends

    VASP is gone, and no replacement program exists yet. Learn the real VA mortgage assistance options in 2026, including modifications, timelines, and Chapter 13 relief.

  • Find Out Which States Oppose Student Loan Forgiveness

    Prof. Hernandez analyzes the Republican-led lawsuits blocking student loan relief. Learn how states used MOHELA’s revenue to establish standing and what the shift toward aggressive collections means for borrowers in 2026.

  • What to Expect at Your 341 Meeting: A Law Professor’s Guide

    Learn what to expect at your 341 meeting from Prof. Hernandez. A guide to the Chapter 7 Trustee’s questions, 2026 remote hearing rules, and your path to solvency.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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?

  • 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.”

  • 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.