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.

  • 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.

  • Foreclosure Rise Continues: Chapter 13 Bankruptcy Saves Homes

    The ATTOM report shows rising foreclosures. See the critical difference: Chapter 7 buys time; only Chapter 13 saves your home by curing the debt.

  • The Tariff Tax: The “Largest U.S. Tax Hike” in 30 Years as Bankruptcies Surge

    Bankruptcy Attorney and Law Professor’s analysis: The tariffs are the ‘largest tax hike’ in 30 years. Learn why regressive tariffs are driving up consumer debt and Chapter 7 filings.

  • The Chapter 13 Bankruptcy Hardship Discharge

    Learn the strict legal requirements for the Chapter 13 bankruptcy hardship discharge (11 U.S.C. § 1328(b)). See what qualifies as unavoidable circumstances and permanent disability.

  • The Tariff Hoax: The Farmer Bailouts to Avoid Bankruptcy

    Expert analysis of why farm bailouts failed to prevent Chapter 12 filings. See how the tariff hoax and loss of foreign aid markets crippled farmers.

  • The Post-Bankruptcy Credit Surge: Rebuild Your Credit

    A bankruptcy discharge is a clean slate. Learn the post-bankruptcy credit surge strategy, including the Secured Credit Card and Credit-Builder Loan tactics.

  • The Rule 2004 Examination: The Broadest Discovery Tool in Bankruptcy

    The Rule 2004 Examination is the “fishing expedition” used by Trustees to investigate assets, transfers, and grounds for discharge denial. Understand its broad scope and limitations.

  • Spotting the Critical Issues in Bankruptcy Schedule J (Expenses)

    Avoid costly mistakes on Schedule J. Learn how Trustees scrutinize expenses, handle joint filings, and calculate disposable income to prevent Chapter 7 conversion or case dismissal.

  • The Perfect Financial Storm is Here

    Travel bans, AI job losses, and tariff policy are creating a ‘perfect storm.’ Learn how record household debt is driving U.S. foreclosures and bankruptcy filings among businesses and consumers.

  • Navigating a Creditor Lawsuit: The Strategic Use of Filing an Answer Before Bankruptcy

    Don’t default! Learn the strategic reason to file an Answer to a creditor lawsuit: buying essential time for saving or qualifying to file for bankruptcy.

  • Advanced Bankruptcy Strategy: Using Chapter 13 to Save Your Home, Then Converting to Chapter 7

    Learn how the Chapter 13 to Chapter 7 conversion strategy allows debtors to cure mortgage arrears, save their home from foreclosure, and discharge unsecured debt.