Bankruptcy Attorney in Melbourne, FL
Chapter 7 Bankruptcy Services for Brevard County
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Bowin Law Group is a bankruptcy law firm located in Melbourne, Florida, serving individuals and families throughout Melbourne, Palm Bay, and Brevard County. Since 2009, we've counseled more than 5,000 Brevard residents, helping countless families file Chapter 7 and Chapter 13 bankruptcy cases filed in the U.S. Bankruptcy Court for the Middle District of Florida, Orlando Division.
Your Melbourne, FL Bankruptcy Attorney: Beau Bowin
- Born and raised in Melbourne, FL — proudly serving Brevard County families
- Over 20 years of legal practice focused on bankruptcy and foreclosure defense
- 15+ years exclusively helping families in Brevard County through financial challenges
- Counseled more than 5,000 residents in Melbourne, Palm Bay and all of Brevard
- Member: Florida Bar | National Association of Consumer Bankruptcy Attorneys (NACBA)
- Former Law Clerk for the U.S. Bankruptcy Court in West Palm Beach, FL
- AVVO Clients’ Choice Award Winner with a perfect 10.0 rating
- Selected as a Rising Star by Super Lawyers (Thomson Reuters) - an honor given to only 2.5% of attorneys
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Common Questions from Clients
1. How much does it cost to file for bankruptcy in Melbourne, FL?
As of 2026, the court filing fee for Chapter 7 bankruptcy in Florida is $338, while Chapter 13 is $310. Beyond court fees, attorney costs in Brevard County vary based on the complexity of your debt, but many local firms offer flexible payment plans to ensure legal help remains accessible. Attorney Fees for Chapter 7 Bankruptcy range between $1,500 and $2,500.
2. How do I qualify for Chapter 7 bankruptcy in Melbourne, Florida?
To qualify for Chapter 7, you must pass the Florida Means Test. If your household income is below the state median, you generally qualify. For cases filed on or after November 1, 2025, the median income for a single-person household in Florida is $68,085, and $111,819 for a family of four. If you earn more, you may still qualify by deducting "allowed expenses" such as taxes, health insurance, and necessary living costs.
3. Can I keep my house and car if I file for bankruptcy in Florida?
Yes, in most cases you can protect your primary residence and vehicle using Florida’s generous bankruptcy exemptions
- Homestead Exemption: Florida offers an unlimited exemption for your primary home if you have lived there for at least 1,215 days (about 3.3 years).
- Motor Vehicle Exemption: As of 2026 in Melbourne, FL, you can protect up to $5,000 in equity in a single vehicle.
- Wildcard Exemption: If you do not use the homestead exemption, you can protect an additional $4,000 in personal property or vehicle equity.
4. Where is the bankruptcy court located for Palm Bay and Melbourne residents?
Residents of Melbourne, Palm Bay, and surrounding Brevard County file their cases in the Orlando Division of the Middle District of Florida. While your paperwork is processed in Orlando, most mandatory 341 Meeting of Creditors (the trustee meeting) are currently conducted virtually via Zoom, allowing you to attend from your home or attorney's office in Melbourne.
5. Can filing for bankruptcy stop foreclosure in Melbourne, FL?
Yes, filing for bankruptcy in Melbourne, FL can immediately stop foreclosure through an automatic stay, giving you time to catch up on payments or explore alternatives. This is especially effective in Chapter 13 cases, where you can propose a plan to pay your arrearages over time instead of in a lump sum.
Debt Relief Attorney in Melbourne, FL
When debt becomes unmanageable, you need more than legal advice. You need a clear path forward. Bowin Law Group is a Melbourne, Florida bankruptcy law firm dedicated to helping individuals and families throughout Melbourne, Palm Bay, and the greater Brevard County area regain financial stability. Whether you are facing overwhelming credit card debt, mounting medical bills, or the threat of foreclosure on your Melbourne or Palm Bay home, our experienced bankruptcy attorneys provide the personalized guidance you need to make an informed decision about your financial future. We offer free consultations to every Melbourne and Palm Bay resident and are committed to treating every client with dignity and respect.
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Relief for Melbourne and Palm Bay Residents
If you are a Melbourne or Palm Bay homeowner dealing with wage garnishment, relentless collector calls, lawsuits, or the looming threat of losing your home, you already know how suffocating financial distress can be. The anxiety of not knowing what comes next can affect every part of your life - your health, your relationships, and your ability to focus at work. Whether you live in West Melbourne, downtown Melbourne, Palm Bay, or anywhere in southern Brevard County, you are not alone, and there is a legal remedy designed to give you immediate breathing room.
Filing for bankruptcy under Title 11 of the United States Code triggers the Automatic Stay (11 U.S.C. § 362), a powerful protection that takes effect the moment your case is filed. The Bankruptcy Automatic Stay is a federal court order that immediately stops wage garnishments, creditor harassment, foreclosure proceedings, and lawsuits in the Brevard County Circuit Courts the moment your case is filed. It is a right guaranteed by federal law, and it can give Melbourne-area families the space they need to rebuild without constant pressure from creditors.
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Bankruptcy Options for Melbourne and Palm Bay Residents
How Chapter 7 Bankruptcy Works in Melbourne, Florida
Chapter 7 bankruptcy is a federal legal process that eliminates most unsecured debts for qualifying Melbourne and Palm Bay residents in as little as three to four months.
Often called “liquidation bankruptcy,” Chapter 7 is the most common form of consumer bankruptcy filed by Melbourne-area residents. It is designed for individuals and families whose income falls below a certain threshold and who need a fresh start free from unsecured debt. In a Chapter 7 case, a court-appointed trustee reviews your assets to determine whether any non-exempt property can be used to repay creditors. In practice, the vast majority of Chapter 7 cases filed by Melbourne-area debtors are “no-asset” cases, meaning filers keep everything they own.
To qualify for Chapter 7 in Melbourne or Palm Bay, you must pass the Florida Means Test, which compares your household income to the state median for your household size. Common debts that Melbourne and Palm Bay residents can eliminate through a Chapter 7 discharge include:
- Credit card balances
- Medical bills and hospital debt
- Personal loans and payday loans
- Utility arrearages
- Certain older tax obligations
The entire Chapter 7 process for Melbourne filers in the Middle District of Florida typically concludes within three to four months from filing to discharge, making it one of the fastest paths to debt relief available under the Florida Bankruptcy Code.
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Chapter 13 Bankruptcy in Melbourne and Palm Bay: Protect Your Home and Catch Up on Payments
Chapter 13 bankruptcy is a court-supervised repayment plan that allows Melbourne and Palm Bay homeowners to keep their property and cure missed mortgage payments over three to five years.
This option is especially valuable for Melbourne and Palm Bay homeowners who have fallen behind on mortgage payments and are facing foreclosure. Through Chapter 13, you can cure mortgage arrears over the life of the plan while resuming regular monthly payments going forward. Chapter 13 also allows Melbourne residents to restructure car loans, eliminate certain junior liens on their home under 11 U.S.C. § 1322(b), and prioritize debts like back taxes or child support.
If your income exceeds the Chapter 7 means test threshold but you still need relief, Chapter 13 provides a workable alternative that lets Palm Bay and Melbourne families address their debts on a manageable schedule while retaining their most important assets.
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Chapter 7 vs. Chapter 13 Bankruptcy for Melbourne Homeowners
The right chapter depends on your income, assets, and goals. Chapter 7 is typically faster and eliminates most unsecured debts entirely, but it does not provide a mechanism for catching up on missed mortgage or car payments. Chapter 13 takes longer and requires monthly plan payments, but it lets you keep your home, cure arrears, and restructure certain secured debts. Many Melbourne and Palm Bay residents who earn above the means test threshold or who need to protect a home in foreclosure find that Chapter 13 is the stronger option. Your Melbourne bankruptcy attorney can help you evaluate both chapters based on your specific financial picture.
The Florida Advantage: Generous Bankruptcy Exemptions
Florida’s bankruptcy exemptions are among the most protective in the United States, allowing Melbourne and Palm Bay filers to shield their home, retirement savings, and essential personal property from creditors.
Understanding how to use these exemptions effectively is a critical part of any Melbourne bankruptcy strategy. Florida’s exemption laws determine what property you are allowed to keep, and our attorneys help clients structure their cases to retain as much as possible.
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Florida Homestead Exemption for Melbourne and Palm Bay Homeowners
Under Article X, Section 4 of the Florida Constitution and F.S. § 222.01–222.05, Florida’s homestead exemption is virtually unlimited in value. If you have owned your Melbourne or Palm Bay home for more than 1,215 days and it sits on no more than half an acre within a municipality, your home’s equity is fully protected regardless of how much it is worth. For many Melbourne and Palm Bay homeowners, this means your home is completely safe in a bankruptcy filing. This is one of the strongest homestead protections in the United States, and it is a major reason why Melbourne residents benefit from filing for bankruptcy in Florida.
Vehicle, Retirement, and Personal Property Exemptions in Florida
Beyond the homestead, Florida law (F.S. § 222.25) protects up to $1,000 in equity in a motor vehicle per filer. If you do not claim the homestead exemption, an additional $4,000 wildcard exemption is available and can be applied to any property, including vehicle equity, bank accounts, or household goods. Retirement accounts—including 401(k)s, IRAs, and pension plans—are fully protected under both F.S. § 222.21 and federal law (11 U.S.C. § 522(b)(3)(C)). Our attorneys help Melbourne and Palm Bay clients structure their exemptions strategically so they can retain as much property as possible.
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All Melbourne, Palm Bay, and Brevard County bankruptcy cases are filed with the U.S. Bankruptcy Court for the Middle District of Florida, Orlando Division. Our Melbourne-based firm has extensive experience practicing before this court and is familiar with the local rules, trustee expectations, and procedural requirements specific to this jurisdiction.
Why Choose Bowin Law Group
If you're reading this, you're probably facing serious financial pressures and are looking for some help. That's why I founded the Bowin Law Group, Brevard's Hometown Law Group. Our Melbourne, Florida bankruptcy attorney proudly represents families in Melbourne, Palm Bay, Cocoa, and throughout Brevard County in Chapter 7 Bankruptcy and Foreclosure Defense.
My name is Beau Bowin. I was born and raised in Melbourne, FL. After clerking for a federal bankruptcy judge in West Palm Beach, FL, and working for some of the largest corporate bankruptcy firms in Florida, I chose to start my own consumer firm in Brevard County in 2009.
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I was led to Foreclosure Defense and Chapter 7 Bankruptcy by a family member who was struggling with crushing debt and the foreclosure of their home. After seeing how hard it was for regular people to afford an attorney, I chose to dedicate my practice to ensuring people already struggling with debt have access to legal representation, whether they need to file a Chapter 7 Bankruptcy, or need someone to fight their foreclosure and save their home. Since then, I was selected by my peers as a Rising Star in Florida Super Lawyers Magazine for 2010, 2011, 2013 and 2014, a preeminent national attorney ranking published by Thomson Reuters. The Rising Stars designation is an honor reserved for only 2% of practicing attorneys in the nation. I am one of the only bankruptcy and foreclosure attorneys in Melbourne, FL and all of Brevard County to earn such a distinction. I also received a 10 out of 10 rating by AVVO, which is one of the largest online legal directories in the nation.
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My biggest honor, however, has been representing thousands of families throughout Brevard County in their time of need, from Melbourne and Palm Bay to Cocoa and Titusville, to Viera, Rockledge, and the Beaches. No other foreclosure attorney has won more foreclosure cases for Brevard County families since 2009 than Bowin Law Group. We fight to win, whether that's a dismissal at trial, a reversal on appeal, or through a mortgage modification to lower your payments. We've also discharged millions of dollars in debt for our clients through Chapter 7 Bankruptcy. And we do it all for a flat rate fee that your family can afford.
If you're struggling with debt, facing relentless creditor harassment, or are facing a foreclosure on your home, click the blue button below to calendar a Free Phone Consultation at your convenience.
We are Brevard's Hometown Law Group, proudly serving Satellite Beach, Melbourne, Palm Bay, Titusville, Cocoa, Rockledge, Merritt Island, Cape Canaveral, and all of Brevard County.
Your Path to a Fresh Start: The Melbourne Bankruptcy Process
The bankruptcy process in Melbourne follows five clear steps from initial consultation to debt discharge.
Here is what to expect when you work with Bowin Law Group:
- Free Consultation at Our Melbourne Office — We review your financial situation, discuss your goals, and recommend the best course of action for your Melbourne or Palm Bay household.
- Credit Counseling — You complete a required pre-filing credit counseling course from an approved provider, as mandated by 11 U.S.C. § 109(h).
- Filing Your Petition — We prepare and file your bankruptcy petition with the U.S. Bankruptcy Court in Orlando, where all Melbourne and Brevard County cases are heard. The Automatic Stay takes effect immediately.
- 341 Meeting of Creditors — Approximately 30 days after filing, you attend a brief meeting where the trustee and any creditors may ask questions under 11 U.S.C. § 341. Your Melbourne bankruptcy attorney will be at your side.
- Discharge — Once the process is complete, the court issues a discharge order eliminating your qualifying debts. You move forward with a clean slate.
Melbourne Bankruptcy Attorney - Your First Step Toward Financial Freedom
Our clients come to us from Melbourne, Palm Bay, West Melbourne, and across Brevard County feeling overwhelmed, and they leave with a plan and a sense of relief. While we cannot share specific case outcomes, we can tell you that hundreds of Melbourne and Palm Bay families and business owners have trusted Bowin Law Group to guide them through some of the most difficult financial moments of their lives—and they have come out stronger on the other side.
You do not have to face this alone. Contact Bowin Law Group today to schedule your free, confidential consultation at our Melbourne office. We proudly serve clients from Melbourne, West Melbourne, Palm Bay, Cocoa, Merritt Island, Titusville, Satellite Beach, Indian Harbour Beach, and all surrounding Brevard County communities.
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You CAN beat the banks in foreclosure court and save your home.
Our Melbourne, FL Foreclosure Attorney has had great success in defeating the banks and stopping the foreclosure of our clients' homes (unlike other foreclosure attorneys who only seek to settle with the least amount of work). Winning a foreclosure case takes specialized knowledge of the mortgage banking system and the applicable foreclosure laws in the state of Florida. Winning a foreclosure case also requires a working knowledge and understanding of the foreclosure judges you will be appearing in front of. Each foreclosure judge is different, and so must your defense change depending on your judge. Unless your attorney specializes in foreclosure defense in Brevard County, your attorney will not have this critical knowledge. It's imperative that you contact our foreclosure defense attorney to defend your foreclosure.
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Stop your home foreclosure through foreclosure defense or bankruptcy.
If you are faced with a foreclosure on your home mortgage, you have options that may allow you to stay in your home even if you are behind on your payments. Sometimes your best option is a Chapter 13 bankruptcy. Sometimes you are better off fighting the foreclosure without filing bankruptcy. You need a foreclosure attorney knowledgeable in both bankruptcy and foreclosure defense to help you determine which option is best for you. If you live in Melbourne or Palm Bay, Florida and are being harassed by creditors, your wages are being garnished, or you are considering bankruptcy, call us today to speak directly with a Melbourne Florida Bankruptcy Attorney to discuss whether a bankruptcy is right for you and your family.
Frequently Asked Questions (FAQs) for Bankruptcy and Foreclosure Defense in Melbourne, FL
1. How long does the bankruptcy process take in Florida?
The bankruptcy process in Florida typically takes 3-4 months for Chapter 7 and 3-5 years for Chapter 13, depending on your case complexity. In Brevard County, our experienced bankruptcy attorneys streamlines the process, from filing to discharge, ensuring minimal delays for clients throughout the county.
2. What are the costs of hiring a bankruptcy lawyer in Brevard County?
Costs for a bankruptcy lawyer in Brevard County vary by case type—Chapter 7 often ranges from $1,500-$2,500 in attorney fees, plus filing fees around $338. Chapter 13 may involve higher fees paid through your repayment plan. We offer transparent pricing and flexible payment options for Melbourne residents and those across Brevard County, making quality legal help accessible.
3. How long does bankruptcy stay on my credit report in Florida?
A Chapter 7 bankruptcy remains on your credit report for 10 years from the filing date, while a Chapter 13 bankruptcy typically remains for 7 years. While the filing appears on your record, many Melbourne residents find they can begin rebuilding their credit scores immediately. Most individuals are eligible for new credit cards shortly after discharge and may qualify for a home mortgage (FHA) as soon as two years after a Chapter 7 discharge, provided they maintain a clean payment history.
4. Do I have to file for bankruptcy with my spouse in Florida?
No, Florida law allows one spouse to file for bankruptcy individually without the other spouse joining the petition. This is often beneficial if most of the debt is in only one person's name. However, if you have significant joint debts, the non-filing spouse remains legally responsible for those balances, and the filing may still appear on their credit report
5. Can I discharge my student loans in a Florida bankruptcy in 2026?
While student loans are generally non-dischargeable, new 2026 guidelines have made it easier to eliminate them if you can prove "undue hardship." This typically requires an "adversary proceeding" (a separate lawsuit within your bankruptcy) to demonstrate that you cannot maintain a minimal standard of living while repaying the debt. Recent local cases in the Middle District of Florida have seen a modest increase in successful student loan discharges for those meeting specific hardship criteria.
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