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.

  • Luxury Expenses in Bankruptcy. Like Golf?

    Liam’s bankruptcy case raises issues about golf expenses and unsecured debts during his filing.

  • Strategic Debt Relief: How Personal Loans Can Help

    Personal loans can relieve debt, improve credit, and settle creditor lawsuits, despite credit challenges.

  • Understanding Non-Dischargeable Debts: Why Bankruptcy Isn’t a “Get Out of Jail Free” Card

    Can criminal fraud debt be discharged? Professor Alexander Hernandez, J.D., explains Section 523(a) and non-dischargeable debt using the G-Herbo case example.

  • The Adversary Process and the Fall of Rudy Giuliani’s Chapter 11 Bankruptcy

    Professor Alexander Hernandez, J.D., analyzes Rudy Giuliani’s Chapter 11 dismissal and the adversary process behind the $148M defamation judgment.

  • Facing a Credit Card Lawsuit? A Law Professor’s Guide to the Process

    When sued, know response due date. Sending a letter to judge is not a proper legal response.

  • The Confusion with Mortgage Liens and Bankruptcy

    Confused by how Chapter 7 or 13 affects your home? A bankruptcy professor explains why mortgage liens survive discharge and how to avoid costly foreclosure traps.

  • Decoding Chapter 7: Exemptions, Means Testing, and the Disposable Income Trap

    Chapter 7 bankruptcy involves liquidation, exemptions, means testing, and disposable income for debtors.

  • Quick Guide to the Basics: Liquidation, Exemptions, and The Means Test

    The blog explores Chapter 7 and Chapter 13 bankruptcies, focusing on exemptions and means testing.

  • Understanding Trustee Scrutiny in Bankruptcy

    Luxury expenses can jeopardize bankruptcy cases due to trustee scrutiny and disclosure requirements.

  • Welcome to Bankruptcy.blog: Navigating Your Path to Financial Relief

    Learn about Chapter 7 and 13 bankruptcy from Professor Alex Hernandez, author of “Consumer Bankruptcy Law” (Routledge). Get expert insights on student loans, mortgages, and filing resources for debtors and paralegals.