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Attorney Alexander Hernandez

Attorney Alexander Hernandez

Florida Bankruptcy Attorney

Since graduating from Nova Southeastern School of Law in 1999, Alexander Hernandez has focused a majority of his law practice on bankruptcy law. He was a founding partner of the South Florida Bankruptcy Center which focused exclusively on Chapter 7 and Chapter 13 bankruptcies. Alexander is also admitted to the Southern and Middle District of Florida where he has handled thousands of consumer bankruptcies, mortgage modifications, debt negotiations, and foreclosure defense cases. He is a legal contributor for Upsolve since October 2019 and an adjunct professor of law for Concord Law School. You can find more information at attorneyalexhernandez.com.

All ArticlesAfter BankruptcyBankruptcy BasicsBefore FilingConsumer RightsCredit Card DebtDebtsDeciding To FileDivorceHow To FileProperty Exemptions

Articles written by Attorney Alexander Hernandez

Can I sell my car during bankruptcy?

Probably the most often asked question when it comes to filing for bankruptcy is if you can keep your car. While the answer to that question depends on several factors, sometimes the issue is the complete opposite and the question is whether you can sell your car during bankruptcy. Continue reading to learn what to expect if you’re considering selling your car during a Chapter 7 or Chapter 13 bankruptcy.

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Chapter 13 While Getting a Divorce: Probably a Bad Idea

Unfortunately, divorce and bankruptcy can go hand-in-hand at times, so it’s important to know how a divorce affects a bankruptcy case. If you’re considering divorcing your spouse and are thinking about addressing your debts through a Chapter 7 bankruptcy or a Chapter 13 bankruptcy, continue reading.

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How the Fair Debt Collection Practices Act Protects You

The Fair Debt Collection Practices Act (FDCPA) is a federal law that protects consumers from abusive, misleading, or harassing tactics by debt collectors. This article will explore the basic protections you’re given by the FDCPA and provide you with some helpful tips on how to deal with debt collectors who don’t follow the rules.

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How To Fix Errors on Your Credit Report — An Overview

Your credit score and by extension, your credit report play an important part in almost everything you do. Whether it’s getting qualified for a new mortgage or trying to rent an apartment near the school you want your child to go to, errors on your credit report can significantly impact your options and finances going forward. To ensure you’re getting the best possible deal it’s important to keep an eye on what’s on your credit report and - if you find any errors - update and correct the information it contains.

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Secured Credit Cards and Bankruptcy

Because bankruptcy gives you the opportunity for a fresh start, it’s only the beginning of your financial journey, not the end. If your credit history is preventing you from getting a credit card, take advantage of secured credit cards as a way to rebuild your credit after bankruptcy.

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How to protect yourself from debt collector harassment

You work hard to pay your bills, but unfortunately, you fell behind on your credit card payments and negotiations with creditors failed. Now your credit card debt has been sold to a debt collection agency that harasses you with endless phone calls, at times even threatening you. Is there anything you can do? Is this even legal? How do you get the debt collectors to stop harassing you? Continue reading to learn about the law on unfair collection practices and what your options are to protect yourself.

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What’s the Downside of Filing for Bankruptcy?

If you’ve already tried everything to get out of debt and you’re still drowning, it’s normal to think that bankruptcy sounds almost too good to be true. After all, a Chapter 7 bankruptcy can eliminate your debts in as little as 4 months. Not to mention that the vast majority of personal bankruptcy filings actually allow the filer to keep all of their belongings. As with everything in life, there are some downsides to filing bankruptcy. Let’s take a look at what they are so you can decide whether filing bankruptcy is the right debt relief solution for you.

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Can a Creditor Garnish or Levy My Social Security?

You have worked hard your entire life, but now that you have fallen victim to difficult times, you stopped making payments on your credit cards and other debts. As a result, a creditor has filed a lawsuit against you and is seeking a judgment. Are you at risk of having your Social Security taken away from you? Continue reading to learn more about how federal law protects your Social Security benefits from garnishment, levy, or seizure in most situations.

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What is a bankruptcy estate?

Whenever someone files for bankruptcy, a bankruptcy estate is automatically created. A bankruptcy estate consists of the property or assets that you own. What assets you get to keep because it’s protected depends on the bankruptcy exemptions that you can claim. In this article, we will review what a bankruptcy estate is and what that means for you.

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Credit Report Fraud

Millions of people are victims of identity theft and other forms of credit report fraud each year. By carefully monitoring your credit and diligently rooting out credit report fraud, you can better ensure that, even if you’ve become a victim of fraud, your financial future will be protected.

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What Are The Penalties For Bankruptcy Fraud?

When filing for bankruptcy, you must list all your assets and liabilities. Failure to do so could result in violations of bankruptcy laws and serious consequences, whether it’s civil or criminal fraud.

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How Does Filing Bankruptcy Affect My Suspended Driver’s License?

Filing for bankruptcy can be helpful when you can’t afford to pay back your debts and you need a fresh start. However, bankruptcy can also be a useful tool to help you get your driver’s license reinstated. In this article, you will learn about the different situations which may result in having your driver’s license suspended and how bankruptcy can help get your driver’s license back.

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Filing bankruptcy while working in the gig economy

Are you part of the gig economy? Besides your regular job, are you also working with Uber, Lyft, Fiverr, or Task Rabbit? Even though you may be looking to make some extra money as a freelancer to pay down your credit card debt, that extra income could affect your bankruptcy case. Continue reading to learn how a bankruptcy case could be affected by income as a contract worker and what forms you’ll need to pay special attention to. 

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Receiving Credit and Other Offers After Filing Chapter 7 Bankruptcy

Court cases and documents filed in court are part of the public record. The same holds true for bankruptcy cases. As a result, companies searching the court records will know that you filed for bankruptcy and will start sending you advertisements in the mail offering you their services, including offers to apply for credit. However, before you accept that offer for a new credit card or car loan, continue reading to learn what you need to consider and what your best options are.

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How is a Chapter 13 Bankruptcy Discharge Different

Chapter 7 or Chapter 13 are the types of bankruptcy consumers typically use to get rid of unsecured debt such as credit card debt. However, both types of bankruptcy have potentially important differences with respect to what types of debt get discharged. A discharge is the final order from the bankruptcy court eliminating the filer’s obligation to pay their debts. Continue reading to learn more about the differences between a discharge in a Chapter 7 bankruptcy and Chapter 13 bankruptcy.

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Upsolve is a 501(c)(3) nonprofit that started in 2016. Our mission is to help low-income families who cannot afford lawyers file bankruptcy for free, using an online web app. Spun out of Harvard Law School, our team includes lawyers, engineers, and judges. We have world-class funders that include the U.S. government, former Google CEO Eric Schmidt, and leading foundations. It's one of the greatest civil rights injustices of our time that low-income families can’t access their basic rights when they can’t afford to pay for help. Combining direct services and advocacy, we’re fighting this injustice.

To learn more, read why we started Upsolve in 2016, our reviews from past users, and our press coverage from places like the New York Times and Wall Street Journal.


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