Miami Lawyers
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The Redfin Delisting Surge: The “Buying Time” Strategy
Redfin data shows a surge in delistings as homeowners try to “buy time.” This article explains the risks of becoming an accidental landlord in a tightening economy.
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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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The Bankruptcy Trustee, Strategies to Protect Your Tax Refund.
Stop the Bankruptcy Trustee from taking your tax refund. Learn the legal timing strategies you can use in Chapter 7 or 13 bankruptcy.
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Personal Loans and Credit Cards: Dividing Marital Debt in a Divorce
A divorce attorney and law professor explains how marital debt is divided, and why debt in one spouse’s name may still be shared in divorce.
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Missing Creditors in Bankruptcy Petition? Here’s What You Can Do
Forgot to list a creditor in your Chapter 7 bankruptcy? Take these steps to protect yourself and keep the automatic stay in place.
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Strategic Foreclosure Delay: Using Bankruptcy to Secure a Successful Home Sale
Authored by a published law professor. This guide details how to use bankruptcy to secure a crucial delay and successfully sell your home before foreclosure.
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Bankruptcy & Car Loans: Reaffirmation and Co-Signer Risk
Debtors facing bankruptcy must decide whether to keep or surrender their car and understand co-borrower and co-signer liabilities.
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Understanding Domestic Support Obligations in Bankruptcy: A Professor’s Guide
Domestic support obligations, like alimony and child support, are not dischargeable in bankruptcy. They have priority.
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Understanding Bankruptcy: Effect of Joint Car Ownership in Chapter 7 and Chapter 13
Hailey’s joint ownership of her boyfriend’s car in Georgia complicates her options for bankruptcy filing.
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Rite Aid Locations Closing in California Due to Bankruptcy- What You Need to Know
Rite Aid bankruptcy spurs closures in California. Bankruptcies surged in 2023; expect more filings in 2024.
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$5 Billion More in Student Loan Debt Relief for 74,000 Borrowers
The Biden administration cancels $5 billion in student loans for 74,000 borrowers, including teachers, nurses, and firefighters.
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LLC Bankruptcy: A Professor’s Take on Why Limited Liability Doesn’t Always Protect You
Even with an LLC, filing for business bankruptcy may require personal bankruptcy. Chapter 7 or 11 is possible.