Monday, August 31, 2026
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Bankruptcy.Blog

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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 910-Day Rule: Explaining The Cramdown on Car Loans

    Can you reduce your car loan balance in Chapter 13? Learn how the 910-Day Rule and “hanging paragraph” affect your vehicle cramdown. Prof. Hernandez explains how to save on interest, the PMSI loophole, and why lenders prefer payments over repossession.

  • Cramdown vs. Lien Stripping: What’s the Difference in Chapter 13 Bankruptcy?

    Learn the key differences between a Chapter 13 cramdown and lien stripping. Find out how to reduce car payments or eliminate second mortgages in bankruptcy.

  • How to Reduce Your Car Loan Balance Using a Bankruptcy Cramdown

    Is your car loan underwater? Discover how the Chapter 13 cramdown process can “shave” your debt down to the vehicle’s actual value and lower your interest rate. — Prof. Hernandez

  • Robbing Your Future: The Hidden Risks of Using a 401(k) to Buy a House

    Should you use your retirement plan to buy a house in 2026? Prof. Hernandez breaks down the math behind the Home Savings Act and shares a personal lesson from the Great Recession on why your 401(k) is safer than home equity.

  • Record 401(k) Hardship Withdrawals are a Leading Economic Indicator for 2026

    Prof. Hernandez analyzes the record 6% surge in 401(k) hardship withdrawals reported by Fox Business. Discover why this “last resort” move is a leading indicator for the 2026 bankruptcy filing lag.

  • Discharging Your IRS Tax Debt With Bankruptcy: The 3-2-240 Rule for 2026

    Prof. Hernandez explains how to discharge tax debt in 2026 using the 3-2-240 rule. Learn how to navigate IRS priority claims and tax refunds on Bankruptcy.blog

  • Why Chapter 13 is the Ultimate IRS Tax Debt “Restructuring” Tool

    Stop the interest bleed in 2026. Prof. Hernandez explains how Chapter 13 bankruptcy freezes IRS penalties, utilizes the Till Rate for secured liens, and restructures tax debt more effectively than a standard installment agreement. Learn how to pay back priority tax at 0% interest and secure your fresh start.

  • Prof. Hernandez: Using Tax Installment Agreements to Qualify for Chapter 7

    Can’t pass the Means Test? Prof. Hernandez explains how IRS tax payments can legally reduce disposable income on Schedule J to help you qualify for Chapter 7.

  • Small Business Tariff Inflation and Chapter 7 Bankruptcy in 2026. The Quiet Crisis

    Is tariff inflation pushing your small business toward Chapter 7? Prof. Hernandez explains how to bypass the Means Test using the non-consumer debt loophole and navigate personal liability in the 2026 bankruptcy surge.