Miami Lawyers
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Mapping the Bankruptcy Surge: Newsweek Report Means Struggling Households
New ABI data reveals a massive 49-state spike in filings. Prof. Hernandez breaks down the Newsweek bankruptcy map and what is driving this consumer surge.
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Why the Moody’s Analytics Report Signals a Consumer Bankruptcy Surge
Moody’s Analytics finds the Iran conflict is costing families $750 and fueling a nationwide consumer bankruptcy surge driven by rising household debt.
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Signatory vs. Owner: Is that Bank Account Actually Your Asset in Bankruptcy?
Are you a signatory on a business or relative’s bank account? Learn how bankruptcy law protects these funds from trustees if they aren’t your personal asset.
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The Danger of Being a “Silent” Business Owner in Personal Bankruptcy
Bankruptcy Attorney & Law Professor explains the bankruptcy risks of being listed on a spouse’s corporation, including trustee issues.
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BAPCPA (2005): Reaffirmation Pitfalls and the Attorney Liability Trap
Bankruptcy Attorney & Law Professor explains reaffirmation agreements under BAPCPA 2005 and the hidden risks for debtors and attorneys.
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BAPCPA (2005): The Effect on Consumer Bankruptcy Law
Prof. Hernandez explains how BAPCPA changed consumer bankruptcy law from the Means Test to why people file for bankruptcy.
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The Convenience Bank Account Trap: Can a Trustee Take Your Parents’ Money?
Worried a trustee can take your parents’ money? Understand the convenience‑account defense and how to protect joint family accounts.
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Can the Bankruptcy Trustee Take Your 529 College Plan?
Can a trustee take your 529 college fund? The 529 plan bankruptcy exemption rules explained by a bankruptcy attorney and law professor.
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Is Your Child’s Bank Account Safe in Bankruptcy?
A bankruptcy attorney explains how trustees view children’s savings accounts and when those funds become part of the bankruptcy estate.
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What Are “Clean Bank Statements in Bankruptcy?
Avoid red flags when you file for bankruptcy. Clean bank statements explained by a bankruptcy attorney & law professor.
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The Accidental Landlord: How Renting Your House Forfeits Bankruptcy Protection
Learn how renting your home forfeits your homestead exemption in bankruptcy and why “accidental landlords” risk losing their property when filing Chapter 7 or Chapter 13 in 2026.
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Gambling with a HELOC to Pay Record Credit Card Debt in 2026
Bankruptcy Attorney & Law Professor Hernandez analyzes why using a HELOC to pay off record-high credit card debt in 2026 is a risky “equity stripping” move compared to bankruptcy.
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Mortgage Defaults Rising: An Escrow Shock Analysis of the 2026 Foreclosure Surge
Mortgage defaults are rising as Escrow Shock drives a 2026 foreclosure surge. Protect yourself with Chapter 13 and remove second mortgages.
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Understanding the Bankruptcy Rescission Period with Reaffirmation Agreements
Buyer’s remorse? Prof. Hernandez explains how to cancel a reaffirmation agreement within the 60-day rescission period under 11 U.S.C. 524(c).
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Reaffirmation Agreements: Why “Vulture Creditors” Want Your Signature
Are “vulture creditors” pressuring you to sign a reaffirmation agreement on furniture or electronics? Prof. Hernandez exposes their high-pressure tactics, the “silverware” bluff, and how to protect your bankruptcy fresh start from unnecessary personal liability.
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Do I Have to Go to Court for a Reaffirmation Agreement?
Bankruptcy Attorney & Law Professor explains when a court appearance is required for a reaffirmation agreement.
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The Bankruptcy Contradiction: Why Filing Can Raise Your Credit Score
Can filing for bankruptcy actually improve your credit? Prof. Hernandez explains the 2026 “Credit Reset” paradox, DTI benefits, and reaffirmation strategies.
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The Zombie Store Card: Why Retail Closures are a Hidden Credit Score Landmine
Bankruptcy attorney and law professor explains how retail store closures in 2026 can trigger sudden credit score drops. Learn how “zombie” store cards raise utilization and hurt your FICO.
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Why Your “Common Sense” is Killing Your Credit Score
Bankruptcy Attorney & Law Professor explains how to improve your credit score while protecting your cash instead of giving large deposits.
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Official Form 108: Understanding the Statement of Intention
Prof. Hernandez explains Official Form 108. Learn the difference between surrendering, reaffirming, & redeeming assets in a Chapter 7 filing.