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.
Articles written by Attorney Alexander Hernandez
How the Fair Debt Collection Practices Act Protects You
Written by Attorney Alexander Hernandez.
Updated October 10, 2023
The Fair Debt Collection Practices Act (FDCPA) is a federal law that protects consumers from third-party debt collectors and collection agencies. The FDCPA's main purpose is to protect consumers from abusive and deceptive practices used by debt collectors. The federal law sets limits when and how collectors can contact you, prohibits harassment and false representations, and gives consumers the right to dispute debts. If debt collectors violate of the FDCPA, you can take legal action or report them to various federal agencies.
Read More →How Does Filing Bankruptcy Affect My Suspended Driver’s License?
Written by Attorney Alexander Hernandez.
Updated August 14, 2023
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.
Read More →How Is a Chapter 13 Bankruptcy Discharge Different?
Written by Attorney Alexander Hernandez.
Updated August 8, 2023
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.
Read More →What is a bankruptcy estate?
Written by Attorney Alexander Hernandez.
Updated July 28, 2023
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.
Read More →Can I sell my car during bankruptcy?
Written by Attorney Alexander Hernandez.
Updated July 25, 2023
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.
Read More →How To Protect Yourself From Debt Collector Harassment
Written by Attorney Alexander Hernandez.
Updated July 13, 2023
If your credit card or other debt has been sold to a debt collection agency, they may be harassing you with endless, at times even threatening, communication. Debt collectors may contact you through phone calls, text messages, social media, and more. Knowing your rights and taking steps to protect yourself — like asking the debt collector to validate the debt and taking detailed notes of your interactions — is your best defense against aggressive debt collectors.
Read More →What’s the Downside of Filing for Bankruptcy?
Written by Attorney Alexander Hernandez.
Updated June 6, 2023
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.
Read More →What Are The Penalties For Bankruptcy Fraud?
Written by Attorney Alexander Hernandez.
Updated May 11, 2023
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.
Read More →How To Fix Errors on Your Credit Report — An Overview
Written by Attorney Alexander Hernandez.
Updated September 22, 2021
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.
Read More →Credit Report Fraud
Written by Attorney Alexander Hernandez.
Updated August 5, 2020
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.
Read More →Filing bankruptcy while working in the gig economy
Written by Attorney Alexander Hernandez.
Updated July 22, 2020
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.
Read More →Receiving Credit and Other Offers After Filing Chapter 7 Bankruptcy
Written by Attorney Alexander Hernandez.
Updated July 22, 2020
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.
Read More →How to Consolidate Your Debts in South Carolina
Written by Attorney Alexander Hernandez.
Updated July 10, 2023
Continue reading to learn more about debt consolidation and how Upsolve can help you.
How to Become Debt Free With a Debt Management Plan in Maine
Written by Attorney Alexander Hernandez.
Updated July 10, 2023
Continue reading to learn more about a Maine debt management plan as you take steps towards being debt-free.
How to Consolidate Your Debts in South Dakota
Written by Attorney Alexander Hernandez.
Updated July 10, 2023
Continue reading to get a step by step overview of how to consolidate your debts and what to look out for.
How To Consolidate Your Debts in Ohio
Written by Attorney Alexander Hernandez.
Updated July 10, 2023
Continue reading to learn more about how debt consolidation works and the different options available to you.
How to Consolidate Your Debts in Utah
Written by Attorney Alexander Hernandez.
Updated July 10, 2023
Continue reading to learn more about how debt consolidation works, preparing for a debt consolidation plan, and other options available to you to lower your monthly bills.
How to Consolidate Your Debts in Oregon
Written by Attorney Alexander Hernandez.
Updated July 10, 2023
A debt consolidation is different from a debt settlement since you are getting a new loan to pay back 100 percent of your debt. Continue reading to learn about how to consolidate your debts in Oregon.
How To Consolidate Your Debts in Wyoming
Written by Attorney Alexander Hernandez.
Updated January 5, 2022
Continue reading to learn more about debt consolidation plans and debt relief.
How to Consolidate Your Debts in Rhode Island
Written by Attorney Alexander Hernandez.
Updated March 26, 2021
Continue reading to learn more about debt consolidation and the best option available to you.
How to Consolidate Your Debts in Wisconsin
Written by Attorney Alexander Hernandez.
Updated March 26, 2021
Continue reading to learn more about debt consolidation options in Wisconsin and the best option available to you.
How to Consolidate Your Debts in West Virginia
Written by Attorney Alexander Hernandez.
Updated January 2, 2020
Continue reading to learn more about debt consolidation loans and debt management plans in West Virginia.
