Brevard County Bankruptcy Attorney

Brevard County Bankruptcy & Foreclosure Defense Attorneys

Welcome to Bowin Law Group's webpage.  We are Brevard's Hometown Bankruptcy and Foreclosure Defense Law Firm.  We've counseled thousands of Brevard County families in foreclosure and discharged millions of dollars of credit card, medical and other debts in Chapter 7 bankruptcy. Whether you are considering a Chapter 7 Bankruptcy or looking to defend the foreclosure of your home, Bowin Law Group has your back.

Melbourne, FL native Beau Bowin has been providing legal counsel to Brevard County families since 2009. He is a prominent foreclosure defense attorney in Florida, having consistently earned recognition as a "Rising Star" by Thomson Reuters' Florida Super Lawyers Magazine (2010, 2011, 2013, 2014) – an honor reserved for fewer than 2% of attorneys statewide. Notably, he is one of the few lawyers in the region to receive this distinction, in addition to a perfect 10.0 ranking from a leading client review site, AVVO.

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Comprehensive Bankruptcy Solutions in Brevard County

Bankruptcy is a powerful federal tool designed to give honest debtors a "fresh start". In Florida, most individuals file under Chapter 7 or Chapter 13 of the U.S. Bankruptcy Code.

Chapter 7: Debt Liquidation

Chapter 7 is often called "straight bankruptcy". It is designed to wipe out unsecured debts—such as credit cards and medical bills—quickly, usually within four to six months. A court-appointed trustee oversees the case, and while some assets can be sold to pay creditors, Florida's generous exemptions allow most local filers to keep all of their property.

Chapter 13: Debt Reorganization

Chapter 13 is ideal for individuals with a steady income who want to keep assets like a home facing foreclosure. Instead of liquidating assets, you enter into a court-approved repayment plan lasting three to five years. This allows you to "catch up" on missed mortgage or car payments over time.

Immediate Relief: The Automatic Stay

The moment you file for bankruptcy in the Middle District of Florida, an Automatic Stay goes into effect. This powerful injunction legally prohibits creditors from:

  • Continuing or starting foreclosure auctions.
  • Garnishing your wages.
  • Harassing you with collection calls or mail.
  • Repossessing your vehicle.

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Protecting Your Assets: Florida Exemptions 2025

Florida is an "opt-out" state, meaning residents must use state-specific exemptions rather than federal ones. These laws are among the most debtor-friendly in the country.

  • Homestead Exemption: Florida offers a virtually unlimited homestead exemption, protecting 100% of the equity in your primary residence. To qualify in 2025, you must have owned the home for at least 1,215 days and meet specific acreage limits (0.5 acres in a municipality like Melbourne, or 160 acres elsewhere).
  • Motor Vehicle Exemption: You can protect up to $5,000 in vehicle equity in 2025 (recently expanded via Florida SB 158). Married couples filing jointly can often double this amount.
  • Personal Property: Filers can exempt up to $1,000 in personal items. If you do not use the homestead exemption (e.g., if you are a renter), you can apply a $4,000 Wildcard Exemption to any personal property of your choice, including cash or tax refunds.
  • Retirement Accounts: Most ERISA-qualified retirement plans, 401(k)s, and IRAs are fully protected.

The Bankruptcy Process

Mandatory Credit Counseling

Before filing, you must complete an approved credit counseling course. A second "financial management" course is required before you can receive your final discharge.

The 341 Meeting (Meeting of Creditors)

Approximately 30 days after filing, you will attend a Section 341 Meeting. In 2025, most of these meetings for Brevard County residents are held virtually via Zoom. You will be asked questions under oath by the Trustee regarding your financial documents.

The Discharge Injunction

The ultimate goal of bankruptcy is the Discharge Injunction. This permanent court order releases you from personal liability for your discharged debts and prohibits creditors from ever attempting to collect them again.

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Foreclosure Defense Attorney in Brevard, Florida

If you are behind on your mortgage, you have rights. Florida is a judicial foreclosure state, meaning the lender must sue you in court to take your home.

Strategic Defenses

We utilize several strategies to keep you in your home:

  • Standing to Sue: Challenging whether the bank actually owns the promissory note.
  • Procedural Errors: Identifying mistakes in the lender's filing or service of process.
  • Loan Modification: Negotiating with lenders to lower interest rates or extend terms.
  • Short Sale or Deed in Lieu: If you choose to leave the property, we can negotiate terms that prevent "deficiency judgments" where the bank sues you for the remaining balance.

Contact a Brevard County Foreclosure Attorney Today

Don't wait until the Sheriff serves a Writ of Possession. Whether you need to file for bankruptcy or fight a foreclosure in the Eighteenth Judicial Circuit, our experienced legal team is ready to help.

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The Judicial Process in the 18th Circuit (Brevard County).

Foreclosure cases in Melbourne, Viera, and Palm Bay are handled by the Eighteenth Judicial Circuit’s dedicated Mortgage Foreclosure Division.

  • The Summons and Complaint: Once served, you have exactly 20 days to file a formal Answer. Failure to respond can lead to a "default judgment," allowing the bank to fast-track the sale of your home.
  • The Answer: This is the homeowner's response to the foreclosure complaint.  This is one of the most important documents you'll file in your foreclosure case.  This is where you establish the defenses you will assert in your case.  If you do not assert an otherwise valid defense in your answer, it may be waived permanently.  It is important to retain Brevard County Foreclosure Defense Attorney to ensure your rights are protected and to maximize your chance of winning your case.
  • Case Management (Admin Order 25-08): Under updated 2025 procedures, Florida courts use differentiated case management to ensure cases move quickly. Our role is to ensure all procedural requirements are met while leveraging every legal delay available.
  • Trial: Many foreclosure cases go all the way to trial, where the parties can present their witnesses to prove their claims and/or defenses.  It is critical to have foreclosure attorney represent in advance of this trial so they can adequately prepare.   If you did not assert a valid defense in your initial Answer to the complaint (see above), you may be prohibited from asserting that defense a trial, even if it could have won your case.  This is why it's best to retain an attorney at the outset of your foreclosure case so you can maximize your defenses.
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Strategic Foreclosure Defense Tactics

  • Challenging Standing and Chain of Title: Many mortgages have been sold and bundled multiple times. We demand that the bank prove they are the actual "holder in due course" of your original promissory note.
  • Servicer Errors and RESPA Violations: Mortgage servicers frequently make mistakes, such as misapplying payments or failing to properly manage escrow accounts. We utilize Notices of Error (NOE) under the Real Estate Settlement Procedures Act (RESPA) to force lenders to correct these discrepancies or face legal penalties.
  • Condition Precedent (Notice of Default): Most Florida mortgages require the lender to send a specific "notice of default" providing a 30-day window to cure before filing suit. If the bank fails this step, the entire lawsuit may be subject to dismissal.
  • Mediation Programs: Brevard County offers a required mediation program for owner-occupied residences. We represent you in these sessions to negotiate directly with a bank representative who has the authority to settle.

Protecting You from Deficiency Judgments

A foreclosure doesn't always end when you leave the home. In Florida, if your home sells for less than what you owe, the bank can pursue a Deficiency Judgment for the difference.

  • Recourse State: Florida allows lenders to garnish your wages or freeze bank accounts to collect this debt for up to 20 years.
  • Our Protection: We negotiate "deficiency waivers" in short sales or deeds in lieu of foreclosure, ensuring that once you hand over the keys, the debt is truly gone.

Alternatives to Losing Your Home

  • Loan Modification: We help you submit a comprehensive package to lower your interest rate or extend the loan term.
  • Chapter 13 Bankruptcy: This is often the most effective "stop-gap." Filing Chapter 13 immediately halts a foreclosure sale and allows you to pay back missed payments over a 3-to-5-year plan.
  • Short Sale: If you owe more than the home is worth and want to move on, we coordinate with the lender to approve a sale for less than the balance while protecting you from future collection.

Facing a foreclosure notice is terrifying, but it is not the end. Contact our Brevard County office today to speak with a Brevard County Foreclosure Defense Attorney to discuss how we can protect your home. 

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Bankruptcy & Foreclosure Defense: Frequently Asked Questions

Navigating bankruptcy and foreclosure processes in Brevard County can be complex. Below are answers to 15 of the most common questions our clients ask in 2025.

1. Can I keep my home if I file for bankruptcy in Florida?

Yes. Florida’s Homestead Exemption is one of the most robust in the country. If your home is your primary residence and you have lived in Florida for at least 1,215 days (approximately 3.3 years) prior to filing, your home’s equity is generally 100% protected regardless of its value. You must, however, remain current on your mortgage payments to prevent the lender from foreclosing outside of the bankruptcy.

2. What happens to my car in a Chapter 7 bankruptcy filing?
In 2025, Florida law allows you to exempt up to $5,000 in equity in a single motor vehicle. If your vehicle has more equity than that, you may be able to use a "wildcard" exemption to protect an additional $4,000. If you still owe money on the car, you can typically keep it by "reaffirming" the debt and continuing your regular payments.
3. How do I know if I qualify for Chapter 7 bankruptcy?
Qualification is determined by the Means Test. If your household income is below Florida’s median income for your family size (as of 2025, roughly $68,085 for a single person and $84,305 for a household of two), you likely qualify. If your income is higher, you may still qualify after deducting allowed expenses like mortgage payments, taxes, and health insurance.
4. What is the "Automatic Stay" in bankruptcy and how fast does it work?
The Automatic Stay is a federal injunction that takes effect the moment your case is filed. It immediately halts all collection actions, including:

Foreclosure sales.

Wage garnishments.

Repossessions.

Creditor phone calls and lawsuits.

5. Can Chapter 13 bankruptcy stop a foreclosure sale?
Yes. Chapter 13 is often used specifically to save homes from foreclosure. It allows you to pay back missed mortgage payments (the "arrearage") over a three-to-five-year period while the bank is legally barred from continuing the foreclosure.
6. Are there debt limits for Chapter 13bankruptcy in 2025?
Yes, but they were recently expanded. As of April 1, 2025, individual filers must have less than $1,395,875 in unsecured debt and $4,192,750 in secured debt to be eligible for Chapter 13.
7. What is the 341 Meeting of Creditors in bankruptcy?
This is a mandatory meeting where you meet with the Bankruptcy Trustee. In 2025, these meetings are typically held virtually via Zoom for Brevard County residents. The Trustee will ask you questions under oath about your assets and the information in your bankruptcy petition. Creditors may attend, but in most consumer cases, they do not.
8. What kind of credit counseling is required in a bankruptcy?
You must complete two courses from a government-approved agency:
  1. Pre-filing Credit Counseling: Must be completed within 180 days before you file.
  2. Pre-discharge Debtor Education: Must be completed after you file to receive your final discharge.
9. Will bankruptcy wipe out all my debts?
Most unsecured debts, such as credit cards, medical bills, and personal loans, are fully discharged. However, some debts are non-dischargeable, including:
  • Most student loans.
  • Recent tax debts.
  • Child support and alimony.
  • Debts resulting from fraud or certain criminal acts.
10. How long does a foreclosure take in Florida?
Because Florida is a judicial foreclosure state, the process must go through the court system, which typically takes several months to over a year. This provides time to mount a defense, negotiate a loan modification, or file for bankruptcy.
11. What is a "Deficiency Judgment"?
If your home sells at a foreclosure auction for less than what you owe the bank, the lender can sue you for the remaining balance. This is called a Deficiency Judgment. We work to negotiate waivers of these judgments to ensure you don't owe money after losing your home.
12. Can I fight a foreclosure even if I missed payments?
Yes. Many homeowners have valid legal defenses, such as:
  • The bank's failure to provide a proper Notice of Default.
  • Lack of "standing" (the bank cannot prove they own the mortgage).
  • Violation of the Real Estate Settlement Procedures Act (RESPA).
13. What is the "Wildcard Exemption" in Chapter 7 Bankruptcy?
If you do not claim the homestead exemption (e.g., if you are a renter), you are entitled to a $4,000 Wildcard Exemption ($8,000 for married couples filing jointly). This can be applied to any property, such as cash in a bank account, tax refunds, or additional car equity.
14. What is a "Discharge Injunction" in Bankruptcy?
This is the final order from the court at the end of your case. It is a permanent court order that prohibits creditors from ever attempting to collect the discharged debts. If a creditor contacts you after the discharge, they may be in contempt of court.
15. Do I need an attorney to declare Bankruptcy?
While you can file "pro se" (on your own), bankruptcy and foreclosure laws are filled with technical deadlines and complex exemptions. Mistakes can lead to the loss of assets or the dismissal of your case without debt relief. A local Brevard County attorney ensures your property is protected and your discharge is granted.
The Bowin Law Group is Brevard's Hometown Law Group, serving all of Brevard County, including Melbourne, Palm Bay, and Titusville.

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