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.

  • Schedule H: How to Protect Co-Debtors from Debt Liability

    Expert analysis of Bankruptcy Schedule H, Co-Debtors and the Automatic Stay and how it protects co-debtors.

  • Chapter 13 Bankruptcy and Driver’s License Reinstatement

    Bankruptcy law professor explains how Chapter 13 license reinstatement works to wipe out debt from a car accident debt.

  • Car Accident Debt and Your Driver’s License: Can Bankruptcy Get You Back on the Road?

    If your driver’s license was suspended, learn how to use Chapter 7 bankruptcy to reinstate your license. Learn the critical steps.

  • The 2% Gamble: Why Chapter 13 Bankruptcy is Not a DIY Project

    Bankruptcy Professor explains the harsh truth: pro se Chapter 13 filings have a near-zero success rate.

  • Bankruptcy Filings Surge in 2025: What the Numbers Reveal About Economic Stress

    A Sharp Rise in Bankruptcy Filings—What’s Driving It? According to recent data from Epiq AACER, U.S. bankruptcy filings have surged in 2025, with Chapter 7 cases up 15% and total filings climbing over 10% year-over-year. These numbers aren’t just statistics; they’re an urgent financial signal. The rise in consumer debt is being amplified by high-interest…

  • Chapter 7 Bankruptcy: When to Surrender Your Car

    Surrendering your car in Chapter 7 is complex. A bankruptcy law professor explains the critical timing of vehicle surrender, how the loan deficiency becomes unsecured debt, and the crucial financial trap you must avoid when listing your expenses.

  • Professor: What to List on Bankruptcy Schedule G.

    Professor’s guide to Schedule G: Avoid common mistakes with leases and executory contracts.

  • The Two-Home Trap: Why Chapter 7 Isn’t an Option When You Want to Keep Both Houses

    Chapter 7 bankruptcy may risk asset liquidation; consider Chapter 13 to retain properties.

  • Wages Garnished After Filing Bankruptcy? It’s an Illegal Automatic Stay Violation. Here’s Your 3-Step Legal Fix.

    Were your wages garnished after you filed bankruptcy? Get the professor’s 3-step plan to recover your money now.

  • What to Do About Your 401(k) After Spirit Airlines’ Bankruptcy

    Spirit Airlines’ bankruptcy affects your retirement savings; confirm your 401(k) match status immediately.