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.

  • Systemic Failure and the Mortgage Crisis: An Analytical Review of Inside Job

    A bankruptcy attorney & professor analyzes Inside Job. Explore systemic failures, predatory lending, and their impact on today’s financial landscape.

  • Chapter 7 & 13: Navigating Tax Refund Asset Protections

    Don’t lose your tax refund in bankruptcy. Learn the legal strategies of timing & exemption analysis under Chapter 7 or 13 bankruptcy.

  • Who Pays for the Personal Loan in a Divorce? Equitable Distribution Explained

    Bankruptcy Attorney and Law Professor explains how personal loans and premarital debts are divided in a divorce. Learn why “equitable distribution” means the name on the loan is secondary to when the debt was incurred and how to protect your assets.

  • The Hidden Cost of Credit Reporting Errors

    Nearly 50% of credit reports contain errors. Prof. Hernandez analyzes how these inaccuracies create ‘moral character’ flags, derail professional licensure, and cause ‘last-mile’ failures in home purchases.

  • Understanding Domestic Support Obligations (DSO) in Bankruptcy: A Law Professor’s Guide

    Bankruptcy Attorney and Law Professor explains how Domestic Support Obligations (DSO)—child support and alimony—are NON-DISCHARGEABLE in Chapter 7 and Chapter 13 bankruptcy.

  • Red Lobster Files Bankruptcy

    Bankruptcy Attorney & Law Professor analyzes Red Lobster’s Chapter 11 filing. Get the critical facts on corporate reorganization, debt restructuring, location closings, and what it signals for consumers.

  • Social Security Income & Bankruptcy: Protection, Exclusions, & the Means Test

    Bankruptcy Attorney and Law Professor Prof. Hernandez explains why Social Security income is excluded from the Chapter 7 means test and how it affects your bankruptcy discharge.

  • Facing Foreclosure: Understanding Your Options and How Bankruptcy Can Help

    Facing foreclosure? Explore practical options—from deeds in lieu and loan workouts to how Chapter 7 or Chapter 13 bankruptcy can pause foreclosure and protect your home.

  • Bankruptcy Tips: Handling Omitted Creditors

    Learn what to do if you forget to list a creditor in a Chapter 7 bankruptcy filing.

  • What Happened to Dollar Tree and Family Dollar Store?

    Drastic changes in shopping habits and rising bankruptcies are affecting many businesses nationwide.