Miami Lawyers

  • Why the Visa and Mastercard Settlement Is Back in the News

    Prof. Hernandez, author of Consumer Bankruptcy Law, breaks down the 2026 Credit Card Competition Act and why the $30B Visa/Mastercard settlement failed.

  • Car Loans & Bankruptcy Guide: How to Keep Your Vehicle in 2026

    Rising car loan defaults amidst high interest rates and increasing credit card debt prompt bankruptcy considerations.

  • Can Personal Loans Be Discharged in Bankruptcy? A Lawyer’s Guide

    Can you discharge personal loans in bankruptcy? Professor Hernandez provides a lawyer’s guide to consolidation debt, trustee objections, and filing strategies.

  • The Giuliani Bankruptcy: A Case Study in Residency and Domicile

    This Rudy Giuliani bankruptcy residency domicile case study examines the strategic issues of choosing bankruptcy exemptions and navigating the 730-day residency rule.

  • How Bankruptcy Impacts Lawsuits in Different States

    Filing bankruptcy in one state stops lawsuits everywhere. A consumer bankruptcy expert explains the Supremacy Clause and how the automatic stay halts out-of-state car accident cases.

  • PSLF in 2026: New Rules & Tax Implications

    Is your PSLF at risk? Discover how 2026 tax changes and new OBBBA rules could nullify your public service credits. Learn to protect your forgiveness today.

  • Foreclosures are Rising: Don’t Panic, Get Informed

    Law professor breaks down the foreclosure process and solutions. Learn how bankruptcy protects your home and financial future.

  • Preparing for a Student Loan Bankruptcy Discharge in 2026

    Master the 2026 OBBBA student loan consolidation bankruptcy discharge strategy. Secure your legacy status before the July 1 deadline and beat the return of the tax bomb.

  • Second Amendment Rights and Bankruptcy: Can You Keep Your Firearms?

    Does the Second Amendment protect your guns in bankruptcy court? Learn how state exemptions work and why constitutional rights don’t always equal asset protection.

  • Predatory Hospital Billing Tactics: Protecting Your Finances

    Professor Alexander Hernandez, J.D., explains the link between predatory hospital billing tactics and medical bankruptcy. Protect your assets from medical debt traps.

  • Navigating a Creditor Lawsuit: The Prove Debt Ownership Defense

    Professor & author’s guide to debt lawsuit defense. Learn to challenge debt ownership, use discovery to delay judgments, and stop garnishment with bankruptcy.

  • Cure Mortgage Arrears: How to Force a Lender to Accept Your Payments

    Stop foreclosure even if your lender refuses payment. Prof. Hernandez explains how to cure mortgage arrears using Chapter 13 and state court motions to compel.

  • The 57-Store Shutdown of Off Fifth Avenue and Financial Reset of Saks Global

    Prof. Hernandez analyzes the Saks Global bankruptcy: 57 Saks Off 5th stores closing and a total “Financial Reset.” View the full list of remaining stores and what this retail collapse means for the 2026 economy.

  • Suing the Government is Your Best Move Against Student Loan Garnishments

    Stop federal student loan garnishment by leveraging the “settlement gap.” Learn why filing an adversary proceeding is the key to forcing a government settlement and discharging debt under the latest DOJ guidance.

  • Mom and Pop Small Businesses Reach Record High in Bankruptcy Filings

    Bankruptcy attorney & law professor reports on the record small business bankruptcies in 2025 caused by the impact of the Trump tariffs.

  • The Motion for Relief from Stay: Check Your Local Bankruptcy Forms First

    Filing for Relief from Stay? Before you draft a motion, check your local bankruptcy court forms. Using mandatory district templates is key to avoiding rejection.

  • The Motion for Relief from Stay Versus The Automatic Stay

    Received a Motion for Relief from Stay? A bankruptcy attorney and law professor explains how creditors try to lift the automatic stay.

  • Bankruptcy Petition Preparers: A Compliance Checklist Under 11 U.S.C. §110

    What are the legal requirements for a bankruptcy petition preparer? Professor Alex Hernandez breaks down 11 U.S.C. § 110, including Form 119, fee limits, and the ban on legal advice.

  • The Hidden Risks of Bankruptcy Petition Preparers: Why “Cheap” Can Be Costly

    Discover the risks of using a bankruptcy petition preparer. Professor Alex Hernandez explains why legal advice, accountability, and court advocacy make a lawyer essential for your fresh start.

  • The Statement of Financial Affairs (SOFA) on the Bankruptcy Petition

    A bankruptcy attorney and law professor’s comprehensive review of the Statement of Financial Affairs in the bankruptcy petition.