Miami Lawyers
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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$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.
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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.
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How Bankruptcy Influences Divorce Settlements
Bankruptcy can complicate divorces, affecting debt responsibility and credit reports. Federal law trumps state law.
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The Accidental Landlord: How Renting Your House Forfeits Bankruptcy Protection
Learn how renting your home forfeits your homestead exemption in bankruptcy and why “accidental landlords” risk losing their property when filing Chapter 7 or Chapter 13 in 2026.
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Gambling with a HELOC to Pay Record Credit Card Debt in 2026
Bankruptcy Attorney & Law Professor Hernandez analyzes why using a HELOC to pay off record-high credit card debt in 2026 is a risky “equity stripping” move compared to bankruptcy.
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Mortgage Defaults Rising: An Escrow Shock Analysis of the 2026 Foreclosure Surge
Mortgage defaults are rising as Escrow Shock drives a 2026 foreclosure surge. Protect yourself with Chapter 13 and remove second mortgages.
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Understanding the Bankruptcy Rescission Period with Reaffirmation Agreements
Buyer’s remorse? Prof. Hernandez explains how to cancel a reaffirmation agreement within the 60-day rescission period under 11 U.S.C. 524(c).
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Reaffirmation Agreements: Why “Vulture Creditors” Want Your Signature
Are “vulture creditors” pressuring you to sign a reaffirmation agreement on furniture or electronics? Prof. Hernandez exposes their high-pressure tactics, the “silverware” bluff, and how to protect your bankruptcy fresh start from unnecessary personal liability.
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Do I Have to Go to Court for a Reaffirmation Agreement?
Bankruptcy Attorney & Law Professor explains when a court appearance is required for a reaffirmation agreement.
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The Bankruptcy Contradiction: Why Filing Can Raise Your Credit Score
Can filing for bankruptcy actually improve your credit? Prof. Hernandez explains the 2026 “Credit Reset” paradox, DTI benefits, and reaffirmation strategies.
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The Zombie Store Card: Why Retail Closures are a Hidden Credit Score Landmine
Bankruptcy attorney and law professor explains how retail store closures in 2026 can trigger sudden credit score drops. Learn how “zombie” store cards raise utilization and hurt your FICO.
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Why Your “Common Sense” is Killing Your Credit Score
Bankruptcy Attorney & Law Professor explains how to improve your credit score while protecting your cash instead of giving large deposits.
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Official Form 108: Understanding the Statement of Intention
Prof. Hernandez explains Official Form 108. Learn the difference between surrendering, reaffirming, & redeeming assets in a Chapter 7 filing.