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.

  • How the 2026 Tariffs Affect Chapter 13 Bankruptcy Plans

    Discover why 2026 tariff inflation is causing a spike in Chapter 13 plan failures. Prof. Hernandez analyzes the friction between static court budgets and rising costs.

  • Tariff Inflation and the Chapter 7 Bankruptcy Means Test Gap

    Analyze how 2026 tariff inflation is breaking the Bankruptcy Means Test. Learn why the IRS data lag creates a “Paper Surplus” that blocks Chapter 7 relief.

  • Using Your Tax Refund to Hire a Bankruptcy Attorney: A Strategic Guide

    Using your tax refund for bankruptcy attorney fees is a strategic “spend down.” Prof. Hernandez explains how this protects your refund and secures your filing.

  • Chapter 13 Bankruptcy, Tax Refunds, and Funding the Plan

    Learn how to use your tax refund as a strategic asset in Chapter 13. Prof. Hernandez explains how lump-sum refunds can lower monthly payments and prove plan feasibility.

  • Chapter 7 Bankruptcy Timing: Is Your Tax Refund Safe in 2026?

    Filing Chapter 7 in 2026? Learn how to protect your tax refund using wildcard exemptions. Expert insights on the Child Tax Credit (CTC) vs. EIC and filing timing.

  • Strategic Dismissal: Plan B When Chapter 13 Bankruptcy Conversion Fails

    Strategic Dismissal: Negotiating with Creditors Outside of Bankruptcy with Prof. Hernandez. Explore how to pivot from a failed Chapter 13 to private settlements, leveraging lump-sum payments while avoiding the pitfalls of dismissal with prejudice.

  • The Chapter 13 Conversion: Motions, Objections, and the Liquidation Test

    The conversion from Chapter 13 to Chapter 7 isn’t automatic. Prof. Hernandez explores the Motion to Convert, common Trustee objections, and how to pass the mandatory liquidation test.

  • A Chapter 13 Cure and Conversion Strategy for Homeowners

    Explore the Chapter 13 cure and conversion strategy with Prof. Hernandez. Learn how this tactical pivot helps homeowners save their property and manage debt.

  • The 2026 Consumer Bankruptcy Surge: Navigating the Financial Reset

    With January layoffs at 2009 levels and 564,613 consumer filings, 2026 is a turning point. Prof. Hernandez (Routledge author) explains your path to solvency.

  • Understanding the Chapters 7, 11, and 13 Bankruptcy Surge in 2026

    Prof. Hernandez breaks down the surge in Chapter 7, 11, and 13 bankruptcy filings. See the 2025 year-end data and what it means for the 2026 economy.