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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Chapter 7 Bankruptcy: The Automatic Stay and Co-Signers
Filing for Chapter 7 with a co-signer? Learn why the automatic stay doesn’t protect them and discover practical strategies to manage the risks.
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Post-Petition Transfers in Bankruptcy and the Avoidance Powers
Understand how trustees manage post-petition assets under 11 U.S.C. § 549 and § 554, including avoidance powers and the economic logic behind asset abandonment.
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The Zero-Equity Trap: How Liquidity Exhaustion is Fueling the Bankruptcy Surge
Learn how long-term auto loans create zero equity, increase bankruptcy risks, and how Chapter 7 or 13 can offer real financial relief.
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When Auto Debt Outlives the Car: The Rise of 84‑Month Loans and Bankruptcy
84‑month auto loans often lead to long‑term negative equity and repossession risk. Learn how bankruptcy can address deficiency balances and protect consumers.
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Understanding the Motion for Turnover in Bankruptcy Proceedings
How the Motion for Turnover in bankruptcy under §542 allows debtors to reclaim repossession of seized assets.
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Saving Your Home After a Foreclosure Sale: The Bankruptcy Strategy
Can bankruptcy stop a foreclosure after the sale? Learn how filing before title transfer can still protect your home.
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Regaining Your Car After Repossession: Bankruptcy Options
Stop car repossession with bankruptcy & force the lender to return your vehicle. Learn how timing and Chapter 13 options work.
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Willful vs. Negligence: Discharging Injury Debt | Prof. Hernandez
Can you discharge injury debt in bankruptcy? Prof. Hernandez explains the critical difference between willful, malicious acts and ordinary negligence.
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Stop Foreclosure Fast: Why Delaying Your Chapter 13 Filing Costs You Thousands
Avoid common foreclosure traps. Discover why acting early with a Chapter 13 filing helps you minimize legal fees, protect your equity, and secure your financial future.
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Auto Repossession Risk Hits 32-Year Highs: What Borrowers Need to Know
Facing auto repossession? Bankruptcy’s automatic stay can stop it, and a Chapter 13 cramdown may lower your loan balance and interest rate.