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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Understanding the 341 Meeting of Creditors and the Rule 2004 Examination
What is the real difference between a 341 Meeting and a Rule 2004 Examination? Prof. Hernandez explains the scope, authority, and strategy behind these bankruptcy tools.
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Podcast: The LLC Myth in Chapter 7 Business Bankruptcy
LLCs provide limited liability, but owners can still be personally liable for business debts.
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Understanding Domestic Support Obligations in Bankruptcy
The video explains domestic support obligations in bankruptcy, emphasizing their priority status and treatment.
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Divorced! You Are Still Liable for the Mortgage
After divorce, signing over the house via a quit claim deed does not remove mortgage liability. This affects credit, loan eligibility, and could lead to foreclosure. The original mortgage contract remains, impacting credit for up to 30 years. Protect yourself by seeking property sale or complete home refinance, and ensuring proof of mortgage pre-approval.
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Student Loan Forgiveness For “Runaway Interest”
The Biden administration’s SAVE plan forgives up to $20,000 in runaway interest for student loan borrowers.
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Vehicle Title Discrepancies and Bankruptcy: The “Control” Principle
Vehicle titles can create major bankruptcy risks. Understand ownership issues, equity exposure, fraudulent transfers, and how Chapter 13 and cramdown can protect your car.
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Are LLCs Bulletproof? Understanding Business Bankruptcy & Personal Liability
Bankruptcy Attorney and Law Professor Prof. Hernandez analyzes the limitations of the LLC shield, examining how personal guarantees and bankruptcy impact your personal assets and business liability.
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Which Red Lobster Locations Are Closing? Here’s the List
Red Lobster is closing fifty locations amid bankruptcy rumors and recent equipment auctions.
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Great! The Bankruptcy Trustee Abandoned Your Car
Filing for bankruptcy involves a 341 meeting of creditors, trustee’s questions, and protecting your vehicle.
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Chapter 7 Bankruptcy in 4 Months? You Got This!
Chapter 7 bankruptcy takes about four months, with key steps including filing, creditor meeting, and discharge.