Miami Lawyers

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • $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.

  • 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.