Miami Lawyers
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How the National Debt is Forcing Consumers into Debt and Bankruptcy
How the national debt raises borrowing costs, shrinks household budgets, and pushes families toward Chapter 7 or Chapter 13 bankruptcy.
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Avoidance, Abandonment, and the Scope of Bankruptcy Trustee Powers
Learn the Chapter 7 trustee’s powers: understand the one-year insider look-back, post-petition freezes, and statutory abandonment.
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Chapter 7 Bankruptcy and Car Loans: Can You Keep Your Vehicle?
Worried about your vehicle? Learn how Chapter 7 exemptions protect your car loan, how a trustee buy-back works, and the real financial risks of reaffirming.
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Bankruptcy Code Structure: The Different Chapters Explained | Prof. Hernandez
Learn about the U.S. Bankruptcy Code structure from Chapter 7 to Chapter 13. Featured in Consumer Bankruptcy Law by Prof. Hernandez.
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Can You Go to Jail for Debt? The Reality of Debtors’ Prisons
Debunk the debtors’ prison myth. Learn how aggressive creditors exploit state-court contempt loops to trigger civil arrest warrants, and how to stop them.
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Why You Should Never File for Bankruptcy on Payday
Filing bankruptcy on payday is a costly mistake. Learn how the snapshot rule under 11 U.S.C. §541 can trap your paycheck and trigger avoidable financial loss.
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Why Chapter 7 Liquidations Are Outpacing Chapter 13 Cases
Chapter 7 filings are growing at triple the rate of Chapter 13. Learn how escrow shock and the $18.8T household‑debt crisis are driving a wave of liquidations.
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The Hidden Risk of Passive Business Ownership in Consumer Bankruptcy
Does bankruptcy put a relative’s business at risk if your name is on the paperwork? Bankruptcy attorney & law professor Prof. Hernandez analyzes passive equity.
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The Statutory Distribution of Debt in Bankruptcy
A clear guide to how bankruptcy distributes debt, from priority claims to Chapter 13 feasibility and the liquidation test that protects unsecured creditors.
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The Redfin Delisting Surge: The “Buying Time” Strategy
Redfin data shows a surge in delistings as homeowners try to “buy time.” This article explains the risks of becoming an accidental landlord in a tightening economy.
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Foreclosure Rise Continues: Chapter 13 Bankruptcy Saves Homes
The ATTOM report shows rising foreclosures. See the critical difference: Chapter 7 buys time; only Chapter 13 saves your home by curing the debt.
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The Tariff Tax: The “Largest U.S. Tax Hike” in 30 Years as Bankruptcies Surge
Bankruptcy Attorney and Law Professor’s analysis: The tariffs are the ‘largest tax hike’ in 30 years. Learn why regressive tariffs are driving up consumer debt and Chapter 7 filings.
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The Chapter 13 Bankruptcy Hardship Discharge
Learn the strict legal requirements for the Chapter 13 bankruptcy hardship discharge (11 U.S.C. § 1328(b)). See what qualifies as unavoidable circumstances and permanent disability.
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The Tariff Hoax: The Farmer Bailouts to Avoid Bankruptcy
Expert analysis of why farm bailouts failed to prevent Chapter 12 filings. See how the tariff hoax and loss of foreign aid markets crippled farmers.
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The Post-Bankruptcy Credit Surge: Rebuild Your Credit
A bankruptcy discharge is a clean slate. Learn the post-bankruptcy credit surge strategy, including the Secured Credit Card and Credit-Builder Loan tactics.
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The Rule 2004 Examination: The Broadest Discovery Tool in Bankruptcy
The Rule 2004 Examination is the “fishing expedition” used by Trustees to investigate assets, transfers, and grounds for discharge denial. Understand its broad scope and limitations.
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Spotting the Critical Issues in Bankruptcy Schedule J (Expenses)
Avoid costly mistakes on Schedule J. Learn how Trustees scrutinize expenses, handle joint filings, and calculate disposable income to prevent Chapter 7 conversion or case dismissal.
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The Perfect Financial Storm is Here
Travel bans, AI job losses, and tariff policy are creating a ‘perfect storm.’ Learn how record household debt is driving U.S. foreclosures and bankruptcy filings among businesses and consumers.
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Navigating a Creditor Lawsuit: The Strategic Use of Filing an Answer Before Bankruptcy
Don’t default! Learn the strategic reason to file an Answer to a creditor lawsuit: buying essential time for saving or qualifying to file for bankruptcy.
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Advanced Bankruptcy Strategy: Using Chapter 13 to Save Your Home, Then Converting to Chapter 7
Learn how the Chapter 13 to Chapter 7 conversion strategy allows debtors to cure mortgage arrears, save their home from foreclosure, and discharge unsecured debt.