Miami Lawyers
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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.
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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.
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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.
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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.
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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.
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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.
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Facing Mortgage Foreclosure: Strategic Options and Bankruptcy Protections
Learn your options when facing mortgage foreclosure, including refinancing, loan mods, and bankruptcy protections.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.