chapter 13 bankruptcy Archives

Cover photo for Bankruptcy.blog showing an eviction notice on a tenant’s door with a Notice of Bankruptcy Filing in the foreground, illustrating the bankruptcy‑eviction pre‑ vs. post‑judgment rule.

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.

Bankruptcy

Alexander Hernandez 7 min read

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.

Bankruptcy

Alexander Hernandez 8 min read

The Accidental Landlord: How Renting Your House Forfeits Bankruptcy Protection

Learn how renting your home forfeits your homestead exemption in bankruptcy and why “accidental landlords” risk losing their property when filing Chapter 7 or Chapter 13 in 2026.

Illustration of the tug-of-war between a HELOC and bankruptcy for resolving record-high credit card debt.

Insights & Analysis

Alexander Hernandez 6 min read

Gambling with a HELOC to Pay Record Credit Card Debt in 2026

Bankruptcy Attorney & Law Professor Hernandez analyzes why using a HELOC to pay off record-high credit card debt in 2026 is a risky “equity stripping” move compared to bankruptcy.

A wide-angle view of a formal federal courtroom with wooden benches and the judge's bench, illustrating the requirements for a reaffirmation agreement court appearance as discussed on Bankruptcy.blog.

Bankruptcy

Alexander Hernandez 7 min read

Do I Have to Go to Court for a Reaffirmation Agreement?

Bankruptcy Attorney & Law Professor explains when a court appearance is required for a reaffirmation agreement.

Bankruptcy

Alexander Hernandez 5 min read

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.

Bankruptcy

Alexander Hernandez 6 min read

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

A hand protectively cupping a white nest egg labeled 401k on a wooden surface, illustrating why bankruptcy beats 401k withdrawal and the ERISA shield for retirement accounts on Bankruptcy.blog.

Insights & Analysis

Alexander Hernandez 5 min read

Why Filing Bankruptcy is Better Than Raiding Your 401(k)

With a record number of 401(k) hardship withdrawals, consider filing for bankruptcy instead of raiding your retirement account.

A conceptual image of the 3-2-240 rule featuring a calendar, a clock, and a gavel, illustrating how to discharge tax debt and protect your pocket from politics on Bankruptcy.blog

Bankruptcy

Alexander Hernandez 4 min read

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

Close-up of an IRS Form 9465 Installment Agreement on a clipboard with a pen, illustrating why Chapter 13 is the ultimate IRS tax debt restructuring tool for readers of Bankruptcy.blog.

Bankruptcy

Alexander Hernandez 7 min read

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.