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Bankruptcy.Blog

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  • 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.

  • How the National Debt is Forcing Consumers into Debt and Bankruptcy

    How the national debt raises borrowing costs, shrinks household budgets, and pushes families toward Chapter 7 or Chapter 13 bankruptcy.

  • Avoidance, Abandonment, and the Scope of Bankruptcy Trustee Powers

    Learn the Chapter 7 trustee’s powers: understand the one-year insider look-back, post-petition freezes, and statutory abandonment.

  • Chapter 7 Bankruptcy and Car Loans: Can You Keep Your Vehicle?

    Worried about your vehicle? Learn how Chapter 7 exemptions protect your car loan, how a trustee buy-back works, and the real financial risks of reaffirming.

  • Bankruptcy Code Structure: The Different Chapters Explained | Prof. Hernandez

    Learn about the U.S. Bankruptcy Code structure from Chapter 7 to Chapter 13. Featured in Consumer Bankruptcy Law by Prof. Hernandez.

  • Can You Go to Jail for Debt? The Reality of Debtors’ Prisons

    Debunk the debtors’ prison myth. Learn how aggressive creditors exploit state-court contempt loops to trigger civil arrest warrants, and how to stop them.

  • Why You Should Never File for Bankruptcy on Payday

    Filing bankruptcy on payday is a costly mistake. Learn how the snapshot rule under 11 U.S.C. §541 can trap your paycheck and trigger avoidable financial loss.

  • Why Chapter 7 Liquidations Are Outpacing Chapter 13 Cases

    Chapter 7 filings are growing at triple the rate of Chapter 13. Learn how escrow shock and the $18.8T household‑debt crisis are driving a wave of liquidations.

  • The Hidden Risk of Passive Business Ownership in Consumer Bankruptcy

    Does bankruptcy put a relative’s business at risk if your name is on the paperwork? Bankruptcy attorney & law professor Prof. Hernandez analyzes passive equity.

  • The Statutory Distribution of Debt in Bankruptcy

    A clear guide to how bankruptcy distributes debt, from priority claims to Chapter 13 feasibility and the liquidation test that protects unsecured creditors.

  • 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.