Bankruptcy Attorneys in Melbourne and Palm Bay, FL
When debt becomes unmanageable - whether from job loss, a medical crisis, a failed business, or years of minimum payments that never seem to reduce the balance - federal bankruptcy law gives you a legal path forward. At Bowin Law Group, we help Melbourne and Palm Bay residents throughout Brevard County determine whether Chapter 7 or Chapter 13 bankruptcy is the right tool for their situation, and we handle the entire process from free consultation to discharge. Most clients keep everything they own. Most are protected from creditor calls, wage garnishments, and foreclosure proceedings the moment we file.
Former Federal Bankruptcy Law Clerk | 10.0 AVVO Rating | Super Lawyers Rising Star | NACBA Member | 10,000+ Residents Counseled
What Can a Chapter 7 Bankruptcy Attorney in Brevard County Do for You?
Attorney Beau Bowin is a former federal bankruptcy law clerk who has counseled more than 10,000 Brevard County residents since 2009. He holds a 10.0 AVVO rating, has been selected as a Super Lawyers Rising Star by Thomson Reuters - an honor awarded to fewer than 2.5 percent of attorneys - and is a member of the National Association of Consumer Bankruptcy Attorneys (NACBA). In 2025 alone, tens of thousands of bankruptcy cases were filed in the Orlando Division of the U.S. Bankruptcy Court for the Middle District of Florida, which serves all of Brevard County. You are not alone, and the law exists specifically to help people in your situation.
Chapter 7 vs. Chapter 13: Which Bankruptcy Is Right for You?
The right chapter depends on your income, your assets, and what you are trying to accomplish. Chapter 7 eliminates most unsecured debt entirely within four months and is the right choice for most Melbourne and Palm Bay residents whose income falls within the Florida means test limits. Chapter 13 takes longer but allows you to catch up on missed mortgage payments, restructure car loans, and protect assets you could not keep in Chapter 7. The table below outlines the key differences. We determine which chapter fits your situation at your free consultation.
| Chapter 7 | Chapter 13 |
Best for | Eliminating unsecured debt quickly — credit cards, medical bills, personal loans | Saving a home from foreclosure or restructuring debt with a steady income |
Timeline | 3 to 4 months from filing to discharge | 3 to 5 year repayment plan |
Income limit | Must pass the Florida means test based on household size | No income cap — available even if you earn above the Chapter 7 threshold |
Your assets | Most filers keep everything under Florida's exemption laws | Keep all assets while repaying a portion of debt over the plan period |
Mortgage arrears | Cannot cure missed mortgage payments — Chapter 7 alone will not stop foreclosure long-term | Can cure missed payments over 3 to 5 years and stop foreclosure permanently |
Debt discharged | Most unsecured debt eliminated entirely at discharge | Remaining unsecured debt discharged after completing the repayment plan |
Not sure which chapter applies to you? Call Bowin Law Group at 321-821-7440 for a free consultation. We serve Melbourne, Palm Bay, Rockledge, Titusville, Cocoa, Viera, and all of Brevard County.
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Proven Local Expertise & Credentials:
- Decades of Experience: Beau Bowin has 21+ years of total legal practice, with 17 years of deep legal roots in Melbourne, Palm Bay, and Titusville.
- Volume of Success: More than 10,000 local families helped through financial crises, discharging millions in medical and credit card debt.
- Hometown Advocacy: Born and raised in Melbourne, FL - Beau Bowin expertly navigates the specific local procedures of the Brevard County Courthouses in Viera, Melbourne, and Titusville.
- Top 2% National Ranking: Beau Bowin was nominated by his peers as a Florida Super Lawyers Rising Star (2010–2014) - an honor reserved for fewer than 2.5% of practicing attorneys.
- Perfect 10.0 AVVO Rating: A "Superb" ranking reflecting over a decade of excellence in client reviews and professional standing in the Middle District of Florida.
Is Bankruptcy the Right Decision for Melbourne and Palm Bay Residents?
Bankruptcy is a federal legal process established under Title 11 of the United States Code that allows individuals and businesses overwhelmed by debt to either eliminate what they owe or restructure payments into an affordable plan. Filing for bankruptcy triggers an automatic stay under 11 U.S.C. § 362, a court order that immediately halts creditor phone calls, wage garnishments, bank levies, and foreclosure proceedings.
You should not feel ashamed about considering bankruptcy. For the 12-month period ending June 30, 2025, the Bankruptcy Court for the Middle District of Florida, Orlando Division, recorded 23,442 total filings. Most were Chapter 7 bankruptcies. These are your neighbors, your coworkers, and your fellow Space Coast residents making a smart legal decision to get a fresh start. Whether you reside in Melbourne, Palm Bay, or Titusville, you are not alone in using these federal protections to secure your financial future.
Chapter 7 Bankruptcy in Brevard County
Chapter 7 — often called "liquidation bankruptcy" — allows qualifying individuals to discharge most unsecured debts, typically within 3–6 months. It is the most commonly filed type of bankruptcy in Brevard County and throughout the Middle District of Florida.
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Who Qualifies for Chapter 7 in Florida?
To be eligible for Chapter 7, your household income must fall below the Florida median income for a household of your size. If your income exceeds the median, you may still qualify after applying the Means Test, which accounts for allowable expenses. Attorney Bowin will run this analysis for you at no charge during your free consultation.
What Debts Can Chapter 7 Discharge?
Unsecured debts, including:
- Credit card balances — including high-interest retail and bank cards
- Medical bills — a leading cause of bankruptcy for Brevard County families
- Personal loans and payday loans
- Utility arrears and some lease obligations
- Lawsuit Judgments and Repossession Deficiencies
Chapter 7 generally cannot discharge student loans, alimony, child support, or most tax debts. Attorney Bowin will review your specific debt profile and tell you exactly what can and cannot be eliminated.
Chapter 13 Bankruptcy — Save Your Home, Stop Foreclosure
Chapter 13 — known as "reorganization" or "wage earner" bankruptcy — allows individuals with regular income to restructure their debts into a 3–5 year repayment plan. It is the most powerful tool available to Brevard County homeowners who are behind on mortgage payments and facing foreclosure.
How Chapter 13 Can Save Your Brevard County Home
If you are behind on your mortgage and facing foreclosure in Brevard County, Chapter 13 may be your best option. Here's how it works:
- Filing immediately triggers the bankruptcy automatic stay, halting any pending foreclosure action
- You continue making your regular monthly mortgage payments going forward
- Past-due amounts are rolled into your repayment plan as "cure payments" spread over 3–5 years
- Once your cure payments are complete and you are current, your mortgage continues as normal — as if the default never happened
- Lien Stripping: In certain cases, we can strip away a second mortgage or HELOC, reclassifying it as unsecured debt that may be discharged
Because the cure period is 3–5 years, the monthly cure payment amounts are typically manageable. You can also pay them off early if your situation improves. We also utilize the Mortgage Modification Mediation (MMM) Program available in the Orlando Division to negotiate lower interest rates while under court protection.
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Chapter 13 vs. Chapter 7 When Facing Foreclosure
This is the most important distinction for Brevard County homeowners: a Chapter 7 bankruptcy will generally not save your home if you are behind on mortgage payments. Unless you can immediately bring your mortgage current, the lender can still proceed with foreclosure after the automatic stay lifts. Chapter 13 is specifically designed for this situation.
Can Only One Spouse File for Bankruptcy?
Yes — in Florida, one spouse can file for bankruptcy without requiring the other to file. However, there are important nuances that Brevard County couples should understand:
- Solo debt: If the debt is in one spouse's name only, only that spouse needs to file. In Florida, assets held as Tenancy by the Entireties may receive additional protection when only one spouse files, though this requires careful legal analysis.
- Joint debt: If both spouses share joint debt, the non-filing spouse remains fully liable for those debts after the bankruptcy. In this case, filing jointly is often the better strategy. In a Chapter 13 filing, the Co-Debtor Stay may protect a non-filing spouse from collection actions on joint consumer debts while the plan is active.
- Income for Chapter 7 eligibility: Even if only one spouse files, the bankruptcy court considers both spouses' combined household income to determine Chapter 7 eligibility.
- Credit report impact: The bankruptcy of one spouse should not appear on the non-filing spouse's credit report, unless they have joint debts together.
Frequently Asked Questions — Bankruptcy in Brevard County
Do I qualify for Chapter 7 bankruptcy in Florida?
To qualify for Chapter 7, your household income must fall below the Florida median income for your family size. If your income exceeds that limit, you may still qualify through the Means Test, or you can file under Chapter 13. Attorney Bowin will determine your eligibility for free during your consultation.
Will filing for bankruptcy stop foreclosure on my Brevard County home?
Filing for bankruptcy triggers an automatic stay, which immediately halts foreclosure proceedings. Chapter 13 is the stronger option for saving your home — it allows you to cure missed mortgage payments over 3–5 years while continuing regular monthly payments. Chapter 7 typically will not save your home if you are already behind on payments.
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. A Chapter 13 bankruptcy remains for 7 years from the filing date.
How quickly does the automatic stay take effect?
The automatic stay takes effect the moment you file your bankruptcy petition. Creditor calls, wage garnishments, bank levies, and foreclosure actions must stop immediately.
Is there a bankruptcy court that serves Brevard County?
Yes. Brevard County is served by the U.S. Bankruptcy Court for the Middle District of Florida, Orlando Division. Attorney Bowin has extensive experience filing cases in this court and knows its local procedures, trustees, and judges.
What is the Florida homestead exemption in bankruptcy?
In most cases, your primary residence in Brevard County is fully protected—up to half an acre within a municipality or 160 acres in unincorporated areas—as long as you are current on mortgage payments. Attorney Bowin will explain exactly how the homestead exemption applies to your situation.
How much does it cost to file bankruptcy in Florida?
Court filing fees are set by the federal courts. Attorney fees vary by case complexity. Bowin Law Group offers a free phone consultation to review your situation and provide a clear fee quote — call (321) 821-7440
The Bowin Law Group - Brevard's Hometown Law Group.
