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.

  • Schedule H: How to Protect Co-Debtors from Debt Liability

    Expert analysis of Bankruptcy Schedule H, Co-Debtors and the Automatic Stay and how it protects co-debtors.

  • Chapter 13 Bankruptcy and Driver’s License Reinstatement

    Bankruptcy law professor explains how Chapter 13 license reinstatement works to wipe out debt from a car accident debt.

  • Car Accident Debt and Your Driver’s License: Can Bankruptcy Get You Back on the Road?

    If your driver’s license was suspended, learn how to use Chapter 7 bankruptcy to reinstate your license. Learn the critical steps.

  • The 2% Gamble: Why Chapter 13 Bankruptcy is Not a DIY Project

    Bankruptcy Professor explains the harsh truth: pro se Chapter 13 filings have a near-zero success rate.

  • Bankruptcy Filings Surge in 2025: What the Numbers Reveal About Economic Stress

    A Sharp Rise in Bankruptcy Filings—What’s Driving It? According to recent data from Epiq AACER, U.S. bankruptcy filings have surged in 2025, with Chapter 7 cases up 15% and total filings climbing over 10% year-over-year. These numbers aren’t just statistics; they’re an urgent financial signal. The rise in consumer debt is being amplified by high-interest…

  • Chapter 7 Bankruptcy: When to Surrender Your Car

    Surrendering your car in Chapter 7 is complex. A bankruptcy law professor explains the critical timing of vehicle surrender, how the loan deficiency becomes unsecured debt, and the crucial financial trap you must avoid when listing your expenses.

  • Professor: What to List on Bankruptcy Schedule G.

    Professor’s guide to Schedule G: Avoid common mistakes with leases and executory contracts.

  • The Two-Home Trap: Why Chapter 7 Isn’t an Option When You Want to Keep Both Houses

    Chapter 7 bankruptcy may risk asset liquidation; consider Chapter 13 to retain properties.

  • Wages Garnished After Filing Bankruptcy? It’s an Illegal Automatic Stay Violation. Here’s Your 3-Step Legal Fix.

    Were your wages garnished after you filed bankruptcy? Get the professor’s 3-step plan to recover your money now.

  • What to Do About Your 401(k) After Spirit Airlines’ Bankruptcy

    Spirit Airlines’ bankruptcy affects your retirement savings; confirm your 401(k) match status immediately.