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Bankruptcy.Blog

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Miami Lawyers

  • North Dakota Bankruptcy Means Test Figures for 2026

    North Dakota’s 2026 bankruptcy means test figures and how eligibility for Chapter 7 or Chapter 13 is determined.

  • Idaho Bankruptcy Means Test: Updated Figures and Forms

    Learn Idaho’s bankruptcy Means Test income limits, allowable expense deductions, and how eligibility is determined for Chapter 7 or Chapter 13 relief.

  • The New York Bankruptcy Means Test: Figures and Forms (2026)

    Learn New York’s bankruptcy means test income limits, allowable deductions, & determine eligibility for Chapter 7 or Chapter 13 relief.

  • North Carolina Bankruptcy Means Test: Figures and Forms

    North Carolina’s 2026 bankruptcy means test figures and how eligibility for Chapter 7 or Chapter 13 is determined.

  • Idaho’s Unique Bankruptcy Homestead Exemption

    Idaho’s homestead exemption protects up to $175,000 in home equity in bankruptcy. Learn the rules, limits, and how Idaho’s “intent to occupy” requirement works.

  • Client Confidentiality and the Threat of Technology

    Learn how paralegals can protect client confidentiality in bankruptcy practice. Follow proven intake, verification, and communication protocols to avoid liability.

  • Handling Difficult Bankruptcy Clients: Office Protocols

    Practical guidance for paralegals on handling difficult bankruptcy clients, setting boundaries, documenting issues, and following office protocols to protect the firm.

  • When Bankruptcy Meets a DUI: Discharging Debt vs. Restoring a Driver’s License

    Bankruptcy may reinstate a suspended driver’s license, but it won’t eliminate DUI debts or satisfy DUI reinstatement requirements.

  • Chapter 13 Confirmation Hearings: What to Expect and Why They Are Delayed

    Learn why Chapter 13 confirmation hearings are often continued, what causes delays, and how trustees and creditors review your plan before approval.

  • Understanding Bankruptcy Judges and the Federal Court Structure

    Learn how bankruptcy judges differ from Article III judges with fixed 14-year terms, circuit court appointments, & exclusive federal jurisdiction.

  • Why Chapter 12 Bankruptcy is Hitting the 2026 Kitchen Table

    With Chapter 12 filings up 46%, the farm crisis is hitting home. Prof. Hernandez explains how the “Red Rural Recession” is driving 2026 grocery inflation and supply chain delays.

  • When the National Debt Surpasses GDP, Households Feel It

    Prof. Hernandez explains how the rising national debt drives up interest rates, squeezes household budgets, and raises the cost of living in 2026.

  • Probate Court and Inheritances in Bankruptcy: The 180-Day Rule

    Discover how the 180-day rule affects inheritances in bankruptcy. Prof. Hernandez explains the risks of “time travel” assets, the date of death trigger, and why disclaiming an inheritance is considered a fraudulent transfer. Learn how to protect your future assets through strategic timing.

  • Protecting Divorce Assets When Filing for Bankruptcy

    Learn why divorce settlements and home sale proceeds may not be exempt in bankruptcy. Prof. Hernandez explains the reinvestment rule and how to protect your assets.

  • Why Being a Life Insurance Beneficiary is a Risk in Bankruptcy

    Discover why being a life insurance beneficiary is a high-stakes gamble in bankruptcy. Learn how the 180-day rule under Section 541 can allow a Trustee to seize your payout and why timing your filing is critical to protecting your family’s legacy. Expert analysis by Prof. Hernandez.

  • How Bankruptcy is Affected By Your Worker’s Comp Settlement

    Prof. Hernandez explains how worker’s compensation impacts the bankruptcy means test. Learn how to manage the gap between the 6-month lookback and your real-world budget on Schedules I and J to avoid the “disposable income” trap.

  • Why Your Exempt Worker’s Comp Settlement Is at Risk with Bankruptcy

    Prof. Hernandez explains how commingling exempt worker’s comp or retirement funds with general cash can lead to frozen accounts and lost legal protections.

  • Deed in Lieu of Foreclosure vs.Bankruptcy. Which Is the Better Exit?

    Bankruptcy Attorney & Law Professor explains which choice is better between a Deed in Lieu of Foreclosure or Chapter 7 or13 Bankruptcy?

  • Proactive Tenant Strategies When the Landlord is in Foreclosure

    Protect your lease when a landlord faces foreclosure or bankruptcy. Prof. Hernandez explains how to use PACER, the impact of Section 365, and your rights under the PTFA 90-day rule.”

  • The Parent PLUS Trap: Why You Are a Target For Creditors

    Bankruptcy Attorney and Law Professor** Prof. Hernandez warns that Parent PLUS loans make parents an “easy target.” Learn how the Treasury uses wage garnishment and Social Security seizure to recover six-figure educational debt.