Miami Lawyers
-
Personal Loans and Credit Cards: Dividing Marital Debt in a Divorce
A divorce attorney and law professor explains how marital debt is divided, and why debt in one spouse’s name may still be shared in divorce.
-
Missing Creditors in Bankruptcy Petition? Here’s What You Can Do
Forgot to list a creditor in your Chapter 7 bankruptcy? Take these steps to protect yourself and keep the automatic stay in place.
-
Strategic Foreclosure Delay: Using Bankruptcy to Secure a Successful Home Sale
Authored by a published law professor. This guide details how to use bankruptcy to secure a crucial delay and successfully sell your home before foreclosure.
-
Bankruptcy & Car Loans: Reaffirmation and Co-Signer Risk
Debtors facing bankruptcy must decide whether to keep or surrender their car and understand co-borrower and co-signer liabilities.
-
Understanding Domestic Support Obligations in Bankruptcy: A Professor’s Guide
Domestic support obligations, like alimony and child support, are not dischargeable in bankruptcy. They have priority.
-
Understanding Bankruptcy: Effect of Joint Car Ownership in Chapter 7 and Chapter 13
Hailey’s joint ownership of her boyfriend’s car in Georgia complicates her options for bankruptcy filing.
-
Rite Aid Locations Closing in California Due to Bankruptcy- What You Need to Know
Rite Aid bankruptcy spurs closures in California. Bankruptcies surged in 2023; expect more filings in 2024.
-
$5 Billion More in Student Loan Debt Relief for 74,000 Borrowers
The Biden administration cancels $5 billion in student loans for 74,000 borrowers, including teachers, nurses, and firefighters.
-
LLC Bankruptcy: A Professor’s Take on Why Limited Liability Doesn’t Always Protect You
Even with an LLC, filing for business bankruptcy may require personal bankruptcy. Chapter 7 or 11 is possible.
-
How Bankruptcy Influences Divorce Settlements
Bankruptcy can complicate divorces, affecting debt responsibility and credit reports. Federal law trumps state law.
-
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.