Miami Lawyers

  • Luxury Expenses in Bankruptcy. Like Golf?

    Liam’s bankruptcy case raises issues about golf expenses and unsecured debts during his filing.

  • Strategic Debt Relief: How Personal Loans Can Help

    Personal loans can relieve debt, improve credit, and settle creditor lawsuits, despite credit challenges.

  • Understanding Non-Dischargeable Debts: Why Bankruptcy Isn’t a “Get Out of Jail Free” Card

    Can criminal fraud debt be discharged? Professor Alexander Hernandez, J.D., explains Section 523(a) and non-dischargeable debt using the G-Herbo case example.

  • The Adversary Process and the Fall of Rudy Giuliani’s Chapter 11 Bankruptcy

    Professor Alexander Hernandez, J.D., analyzes Rudy Giuliani’s Chapter 11 dismissal and the adversary process behind the $148M defamation judgment.

  • Facing a Credit Card Lawsuit? A Law Professor’s Guide to the Process

    When sued, know response due date. Sending a letter to judge is not a proper legal response.

  • The Confusion with Mortgage Liens and Bankruptcy

    Confused by how Chapter 7 or 13 affects your home? A bankruptcy professor explains why mortgage liens survive discharge and how to avoid costly foreclosure traps.

  • Decoding Chapter 7: Exemptions, Means Testing, and the Disposable Income Trap

    Chapter 7 bankruptcy involves liquidation, exemptions, means testing, and disposable income for debtors.

  • Quick Guide to the Basics: Liquidation, Exemptions, and The Means Test

    The blog explores Chapter 7 and Chapter 13 bankruptcies, focusing on exemptions and means testing.

  • Understanding Trustee Scrutiny in Bankruptcy

    Luxury expenses can jeopardize bankruptcy cases due to trustee scrutiny and disclosure requirements.

  • Welcome to Bankruptcy.blog: Navigating Your Path to Financial Relief

    Learn about Chapter 7 and 13 bankruptcy from Professor Alex Hernandez, author of “Consumer Bankruptcy Law” (Routledge). Get expert insights on student loans, mortgages, and filing resources for debtors and paralegals.

  • Understanding Creditor Motions to Lift the Automatic Stay

    Why do creditors file motions to lift the automatic stay? Learn the common legal grounds for these requests in foreclosure and Chapter 7 bankruptcy cases.

  • Handling a Bankruptcy Dismissal: How to File a Motion to Shorten the Prejudice Period

    Learn how to refile bankruptcy after a dismissal, overcome the 180‑day bar & file a Motion to Shorten the Prejudice Period so your case can move forward.

  • Why Bankruptcy Cases Get Dismissed: The Real Reasons Behind Chapter 7 & 13 Failures

    Learn the most common bankruptcy dismissal reasons under Chapter 7 and 13. Understand procedural failures, eligibility issues, and how to avoid case dismissal.

  • Bad Faith and Serial Filings: Bankruptcy Stay Restrictions | Prof. Hernandez

    Understand the consequences of serial bankruptcy filings. Prof. Hernandez explores the bad faith standards and automatic stay restrictions under 11 U.S.C. § 362.

  • Administrative Structure: The U.S. Trustee and the Bankruptcy Case Trustees

    U.S. Trustee vs. Case Trustee: What is the difference? Learn how these roles monitor and administer bankruptcy cases.

  • Wiping Out Judicial Liens with Bankruptcy to Sell Your Home & Keep the Equity

    Selling a home with a judgment lien? Learn how to use bankruptcy to remove the lien, clear your title, and protect your home equity.

  • Facing Mortgage Foreclosure: Strategic Options and Bankruptcy Protections

    Learn your options when facing mortgage foreclosure, including refinancing, loan mods, and bankruptcy protections.

  • Removing Liens: Bankruptcy Lien Avoidance Under 11 U.S.C. § 522(f)

    Remove judgment liens in bankruptcy using 522(f). Learn how lien avoidance protects your home’s exempt equity.

  • What It Means to Be Judgment-Proof

    Learn the real difference between judgment‑proof status & the statute of limitations, and when bankruptcy protects your assets.

  • Trapped in the Bankruptcy Belt: How Soaring Equity Limits Chapter 7

    Homeowners in the Bankruptcy Belt face rising home equity, low homestead exemptions, and unaffordable Chapter 13 plans.