Monday, August 31, 2026
Latest:

Bankruptcy.Blog

Your #1 Bankruptcy Resource

Miami Lawyers

  • 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.

  • 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.