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.

  • The New 2026 Small Business Bankruptcy Debt Limits Under Chapter 11

    Small‑business bankruptcy debt limits are shifting, and the proposed $7.5 million Subchapter V cap could reshape eligibility and filing strategy for distressed businesses.

  • The Legal Hierarchy, the Supremacy Clause, and Federal Bankruptcy Law

    Explore how the legal hierarchy & Supremacy Clause shape federal bankruptcy practice, establishing uniform rules & court procedures under Title 11.

  • A Guide to Understanding Maine Bankruptcy Exemptions

    Maine bankruptcy exemptions explained for 2026, including homestead, vehicle, personal property, and residency rules. Learn what assets you can protect in Chapter 7 or 13.

  • Understanding Bankruptcy Jurisdiction: Why It Is a Federal Matter

    A guide on bankruptcy and federal jurisdiction, and why local rules shape daily practice in every district.

  • Beyond the Bankruptcy Petition: The 341 Meeting and Chapter 13 Confirmation Hearings

    Prof. Hernandez explains how Chapter 7 341 meetings differ from Chapter 13 confirmation hearings, and understanding the local court rules.

  • A Guide to Understanding Louisiana Bankruptcy Exemptions

    A guide to the Louisiana bankruptcy exemptions, including homestead, tools of the trade, & personal property protections.

  • What Today’s Bankruptcy Statistics Tell Us About Tomorrow’s Economy

    Bankruptcy is a lagging indicator of household debt, showing how rising costs and record balances shape today’s filings.

  • Chapter 13 Eligibility and §109(e) Debt Limits

    Navigating Chapter 13 bankruptcy limits? Discover why Section 109(e)’s $1.58M secured and $526K unsecured caps create a strict firewall, and avoid hidden eligibility traps.

  • Credit Card Debt Is Surging: Which Path Are You On?

    Facing mounting credit card debt? Find out whether you’re in a slow bleed or a hard crash — and why a legal reset may be the smartest way to regain control.

  • A Guide to Understanding Kentucky Bankruptcy Exemptions

    Kentucky bankruptcy exemptions explained, including homestead, tools of the trade, wildcard rules, and how federal exemptions compare.