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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.

  • Mapping the Bankruptcy Surge: Newsweek Report Means Struggling Households

    New ABI data reveals a massive 49-state spike in filings. Prof. Hernandez breaks down the Newsweek bankruptcy map and what is driving this consumer surge.

  • Why the Moody’s Analytics Report Signals a Consumer Bankruptcy Surge

    Moody’s Analytics finds the Iran conflict is costing families $750 and fueling a nationwide consumer bankruptcy surge driven by rising household debt.

  • The Danger of Being a “Silent” Business Owner in Personal Bankruptcy

    Bankruptcy Attorney & Law Professor explains the bankruptcy risks of being listed on a spouse’s corporation, including trustee issues.

  • BAPCPA (2005): Reaffirmation Pitfalls and the Attorney Liability Trap

    Bankruptcy Attorney & Law Professor explains reaffirmation agreements under BAPCPA 2005 and the hidden risks for debtors and attorneys.

  • BAPCPA (2005): The Effect on Consumer Bankruptcy Law

    Prof. Hernandez explains how BAPCPA changed consumer bankruptcy law from the Means Test to why people file for bankruptcy.

  • The Convenience Bank Account Trap: Can a Trustee Take Your Parents’ Money?

    Worried a trustee can take your parents’ money? Understand the convenience‑account defense and how to protect joint family accounts.

  • Can the Bankruptcy Trustee Take Your 529 College Plan?

    Can a trustee take your 529 college fund? The 529 plan bankruptcy exemption rules explained by a bankruptcy attorney and law professor.

  • Is Your Child’s Bank Account Safe in Bankruptcy?

    A bankruptcy attorney explains how trustees view children’s savings accounts and when those funds become part of the bankruptcy estate.

  • What Are “Clean Bank Statements in Bankruptcy?

    Avoid red flags when you file for bankruptcy. Clean bank statements explained by a bankruptcy attorney & law professor.