Miami Lawyers

  • The Architecture of Bankruptcy: Judges, Trustees, and Creditors

    Demystify the bankruptcy court system with Prof. Hernandez. Learn the distinct roles of Article I judges, private trustees, and the U.S. Trustee.

  • The History & Evolution of Bankruptcy Law| Prof. Hernandez

    Trace the history and evolution of bankruptcy law with Prof. Hernandez. Discover how ancient insolvency debts transformed into modern asset protections.

  • The $18.8 Trillion Household Debt Crisis: Why Older Americans Are Struggling Financially

    Rising household debt is hitting seniors hardest. See why older Americans are struggling financially and the legal protections that can safeguard retirement.

  • The Non-Judicial Foreclosure Myth: How to Force Your Lender Into Court

    Think you can’t stop a non‑judicial foreclosure? Bankruptcy attorney & law professor explains how homeowners can save their home with a court injunction.

  • Foreclosures Are Rising: Understanding Your Rights in a Judicial vs. Non‑Judicial State

    Learn your foreclosure rights in judicial and non‑judicial states and how Chapter 13 can stop a foreclosure and protect your home.

  • Idaho Bankruptcy Exemptions: Protecting Your Assets

    Bankruptcy attorney & law professor explains Idaho’s strict bankruptcy exemption laws, residency rules, and how to protect your assets.

  • Reaffirmation Agreements: Why You Can’t Negotiate Your Car Note in Chapter 7

    Understand the risks in reaffirming a car loan in Chapter 7 bankruptcy and why lenders refuse to negotiate the loan terms.

  • Bankruptcy Petition Preparers vs. Attorneys: The Cost of “Cheap” Advice

    A bankruptcy attorney and law professor warns how petition preparers cross legal lines, risk dismissal, and jeopardize your home, wages, and case.

  • The Social Security Number Error: A Costly Mistake in Your Bankruptcy Petition

    Bankruptcy attorney & law professor explains how a wrong Social Security number on a bankruptcy petition can harm an innocent third party and how to fix it fast.

  • Refinancing Your Mortgage in Chapter 13: The Fast Track to a Discharge

    Can you refinance your mortgage in Chapter 13 to get an early discharge? Prof. Hernandez explains the court requirements, the 12-month payment rule, and how to pay off creditors to successfully close your case in 2026.

  • The Rise of Aggressive Collection by the Treasury Department

    The Department of Education is officially initiating the student loan transfer to Treasury collections. As the SAVE plan ends, learn how the OBBBA and the new 30-year repayment terms impact your financial survival. Prof. Hernandez breaks down the Treasury’s “hired muscle” tactics.

  • The Foreclosure Surge. How Tenants Can Stay in the Property

    As foreclosures rise 20%, tenants face a dilemma: who gets the rent? Prof. Hernandez explains your legal rights and how to handle the assignment of rents.

  • Sinking in Car Debt? How the Chapter 13 Cramdown Rescues You From Long-Term Car Loans

    Bankruptcy Attorney & Law Professor Hernandez analyzes the 100-month car loan debt trap and how the Chapter 13 cramdown can reduce negative equity to fair market value.

  • The Forever Car Loan: Why Stretching Your Term is a Financial Trap

    Prof. Hernandez analyzes why 100-month car loans are a financial trap. Discover the “Double Sting” of reaffirmation agreements and how bankruptcy provides a clean exit

  • Personal Injury Settlements: Chapter 7 vs. Chapter 13 Bankruptcy

    Prof. Hernandez explains how personal injury settlements are treated in Chapter 7 liquidation vs. Chapter 13 reorganization, including the Liquidation Test.

  • How Personal Injury Settlements Move Through a Bankruptcy Case

    Learn how the process of a PI settlement moves through a bankruptcy case and why the Trustee oversees every step. Understand what the bankruptcy Trustee requires and how the process affects your claim

  • Protecting Your Recovery: Personal Injury Settlements and the Bankruptcy Estate

    Can you keep your personal injury settlement in bankruptcy? Prof. Hernandez analyzes 11 U.S.C. § 522(d)(11)(D), state exemptions, and strategic alternatives to filing.

  • The AI Economy and the Looming “Dot-Com” Reckoning

    Prof. Hernandez analyzes the AI profitability paradox, the “Dot-Com” reckoning, and why the death of the tax base threatens the future of the middle class.

  • Does Bankruptcy Stop Eviction? The Pre vs. Post-Judgment Rule

    Bankruptcy Attorney & Law Professor explains when bankruptcy stops eviction, how the pre‑ vs. post‑judgment rule works, and when landlords can still proceed.

  • The Tenant in the Middle: What Happens When Your Landlord Files Bankruptcy?

    If your landlord files for bankruptcy, your lease doesn’t just disappear. Prof. Hernandez explains “accidental landlords,” escrow shock, and how Section 365(h) protects tenant rights during a filing.