Miami Lawyers

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.