Miami Lawyers
-
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.
-
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.
-
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.
-
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.
-
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.
-
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.
-
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.
-
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.
-
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.
-
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.
-
The 910-Day Rule: Explaining The Cramdown on Car Loans
Can you reduce your car loan balance in Chapter 13? Learn how the 910-Day Rule and “hanging paragraph” affect your vehicle cramdown. Prof. Hernandez explains how to save on interest, the PMSI loophole, and why lenders prefer payments over repossession.
-
Cramdown vs. Lien Stripping: What’s the Difference in Chapter 13 Bankruptcy?
Learn the key differences between a Chapter 13 cramdown and lien stripping. Find out how to reduce car payments or eliminate second mortgages in bankruptcy.
-
How to Reduce Your Car Loan Balance Using a Bankruptcy Cramdown
Is your car loan underwater? Discover how the Chapter 13 cramdown process can “shave” your debt down to the vehicle’s actual value and lower your interest rate. — Prof. Hernandez
-
Why Filing Bankruptcy is Better Than Raiding Your 401(k)
With a record number of 401(k) hardship withdrawals, consider filing for bankruptcy instead of raiding your retirement account.
-
Robbing Your Future: The Hidden Risks of Using a 401(k) to Buy a House
Should you use your retirement plan to buy a house in 2026? Prof. Hernandez breaks down the math behind the Home Savings Act and shares a personal lesson from the Great Recession on why your 401(k) is safer than home equity.
-
Record 401(k) Hardship Withdrawals are a Leading Economic Indicator for 2026
Prof. Hernandez analyzes the record 6% surge in 401(k) hardship withdrawals reported by Fox Business. Discover why this “last resort” move is a leading indicator for the 2026 bankruptcy filing lag.
-
Discharging Your IRS Tax Debt With Bankruptcy: The 3-2-240 Rule for 2026
Prof. Hernandez explains how to discharge tax debt in 2026 using the 3-2-240 rule. Learn how to navigate IRS priority claims and tax refunds on Bankruptcy.blog
-
Why Chapter 13 is the Ultimate IRS Tax Debt “Restructuring” Tool
Stop the interest bleed in 2026. Prof. Hernandez explains how Chapter 13 bankruptcy freezes IRS penalties, utilizes the Till Rate for secured liens, and restructures tax debt more effectively than a standard installment agreement. Learn how to pay back priority tax at 0% interest and secure your fresh start.
-
Prof. Hernandez: Using Tax Installment Agreements to Qualify for Chapter 7
Can’t pass the Means Test? Prof. Hernandez explains how IRS tax payments can legally reduce disposable income on Schedule J to help you qualify for Chapter 7.
-
Small Business Tariff Inflation and Chapter 7 Bankruptcy in 2026. The Quiet Crisis
Is tariff inflation pushing your small business toward Chapter 7? Prof. Hernandez explains how to bypass the Means Test using the non-consumer debt loophole and navigate personal liability in the 2026 bankruptcy surge.