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.

  • The New 2026 Small Business Bankruptcy Debt Limits Under Chapter 11

    Small‑business bankruptcy debt limits are shifting, and the proposed $7.5 million Subchapter V cap could reshape eligibility and filing strategy for distressed businesses.

  • The Legal Hierarchy, the Supremacy Clause, and Federal Bankruptcy Law

    Explore how the legal hierarchy & Supremacy Clause shape federal bankruptcy practice, establishing uniform rules & court procedures under Title 11.

  • A Guide to Understanding Maine Bankruptcy Exemptions

    Maine bankruptcy exemptions explained for 2026, including homestead, vehicle, personal property, and residency rules. Learn what assets you can protect in Chapter 7 or 13.

  • Understanding Bankruptcy Jurisdiction: Why It Is a Federal Matter

    A guide on bankruptcy and federal jurisdiction, and why local rules shape daily practice in every district.

  • Beyond the Bankruptcy Petition: The 341 Meeting and Chapter 13 Confirmation Hearings

    Prof. Hernandez explains how Chapter 7 341 meetings differ from Chapter 13 confirmation hearings, and understanding the local court rules.

  • A Guide to Understanding Louisiana Bankruptcy Exemptions

    A guide to the Louisiana bankruptcy exemptions, including homestead, tools of the trade, & personal property protections.

  • What Today’s Bankruptcy Statistics Tell Us About Tomorrow’s Economy

    Bankruptcy is a lagging indicator of household debt, showing how rising costs and record balances shape today’s filings.

  • Chapter 13 Eligibility and §109(e) Debt Limits

    Navigating Chapter 13 bankruptcy limits? Discover why Section 109(e)’s $1.58M secured and $526K unsecured caps create a strict firewall, and avoid hidden eligibility traps.

  • Credit Card Debt Is Surging: Which Path Are You On?

    Facing mounting credit card debt? Find out whether you’re in a slow bleed or a hard crash — and why a legal reset may be the smartest way to regain control.

  • A Guide to Understanding Kentucky Bankruptcy Exemptions

    Kentucky bankruptcy exemptions explained, including homestead, tools of the trade, wildcard rules, and how federal exemptions compare.