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.

  • Understanding the 341 Meeting of Creditors and the Rule 2004 Examination

    What is the real difference between a 341 Meeting and a Rule 2004 Examination? Prof. Hernandez explains the scope, authority, and strategy behind these bankruptcy tools.

  • Podcast: The LLC Myth in Chapter 7 Business Bankruptcy

    LLCs provide limited liability, but owners can still be personally liable for business debts.

  • Understanding Domestic Support Obligations in Bankruptcy

    The video explains domestic support obligations in bankruptcy, emphasizing their priority status and treatment.

  • Divorced! You Are Still Liable for the Mortgage

    After divorce, signing over the house via a quit claim deed does not remove mortgage liability. This affects credit, loan eligibility, and could lead to foreclosure. The original mortgage contract remains, impacting credit for up to 30 years. Protect yourself by seeking property sale or complete home refinance, and ensuring proof of mortgage pre-approval.

  • Student Loan Forgiveness For “Runaway Interest”

    The Biden administration’s SAVE plan forgives up to $20,000 in runaway interest for student loan borrowers.

  • Vehicle Title Discrepancies and Bankruptcy: The “Control” Principle

    Vehicle titles can create major bankruptcy risks. Understand ownership issues, equity exposure, fraudulent transfers, and how Chapter 13 and cramdown can protect your car.

  • Are LLCs Bulletproof? Understanding Business Bankruptcy & Personal Liability

    Bankruptcy Attorney and Law Professor Prof. Hernandez analyzes the limitations of the LLC shield, examining how personal guarantees and bankruptcy impact your personal assets and business liability.

  • Which Red Lobster Locations Are Closing? Here’s the List

    Red Lobster is closing fifty locations amid bankruptcy rumors and recent equipment auctions.

  • Great! The Bankruptcy Trustee Abandoned Your Car

    Filing for bankruptcy involves a 341 meeting of creditors, trustee’s questions, and protecting your vehicle.

  • Chapter 7 Bankruptcy in 4 Months? You Got This!

    Chapter 7 bankruptcy takes about four months, with key steps including filing, creditor meeting, and discharge.