Bankruptcy Attorney, Cape Canaveral, FL |Foreclosure Attorney, Cape Canaveral, FL
Stop Foreclosure or File Bankruptcy in Cape Canaveral, FL
Welcome to Bowin Law Group's website. We are Brevard's Hometown Bankruptcy and Foreclosure Defense Firm, serving families in Cape Canaveral, Florida. Whether you are considering bankruptcy or facing foreclosure, our Cape Canaveral Bankruptcy Attorney is here to help.
I’m Beau Bowin, and I grew up in Melbourne, FL. After working as a clerk for a federal bankruptcy judge in West Palm Beach and working with some of Florida’s largest corporate bankruptcy firms, I decided to launch my own consumer practice in Brevard County in 2009.
I was drawn to foreclosure defense and Chapter 7 bankruptcy after witnessing a family member struggle with overwhelming debt and the threat of losing their home. Recognizing how challenging it can be for everyday people to afford legal help, I committed my practice to ensuring that those facing financial difficulties can access representation, whether they need to file for Chapter 7 bankruptcy or require assistance fighting foreclosure to keep their homes.
Since then, I have been honored to be recognized by my peers as a Rising Star in Florida Super Lawyers Magazine for the years 2010, 2011, 2013, and 2014, a prestigious national ranking published by Thomson Reuters. This designation is awarded to only 2% of practicing attorneys nationwide, making it a significant achievement. I am one of the few bankruptcy and foreclosure attorneys in Melbourne, FL, and all of Brevard County to receive this honor. Additionally, I earned a perfect 10 out of 10 rating on AVVO, one of the largest online legal directories in the country.
However, my greatest privilege has been representing thousands of families across Brevard County during their most challenging times, from Melbourne and Palm Bay to Cocoa, Titusville, Viera, Rockledge, and the Beaches. Since 2009, no other foreclosure attorney has won more cases for Brevard County families than the Bowin Law Group. We are committed to achieving results, whether through case dismissals at trial, successful appeals, or mortgage modifications that lower payments. We've also helped our clients discharge millions of dollars in debt through Chapter 7 bankruptcy—all for a flat fee that is affordable for Cape Canaveral families.
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Bankruptcy Attorney in Cape Canaveral, FL
Bankruptcy is a legal process that allows individuals and businesses to eliminate or restructure their debts when facing overwhelming financial challenges. It can provide a fresh start, helping you regain control of your finances and pave the way for a brighter financial future. In Cape Canaveral and throughout Brevard County, bankruptcy can be a viable solution for those struggling with debt, medical bills, credit card balances, or other financial obligations.
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Chapter 7 vs. Chapter 13 Bankruptcy
When considering bankruptcy, it's essential to understand the two main types available to individuals: Chapter 7 and Chapter 13.
- Cape Canaveral Chapter 7 Bankruptcy: Often referred to as "liquidation bankruptcy," Chapter 7 Bankruptcy involves the sale of non-exempt assets to repay creditors. This type of bankruptcy is designed for individuals with limited income who cannot repay their debts. In Florida, certain exemptions allow you to keep essential assets, such as your home or vehicle, even in Cape Canaveral.
- Cape Canaveral Chapter 13 Bankruptcy: This type is commonly known as "reorganization bankruptcy." It allows individuals with a regular income to create a repayment plan to pay back all or part of their debts over three to five years. Chapter 13 Bankruptcy is particularly beneficial for those in Cape Canaveral who want to keep their homes and avoid foreclosure.
The Means Test in Florida
The Means Test is a crucial component of the bankruptcy filing process in Florida. It determines whether you qualify for Chapter 7 Bankruptcy based on your income and expenses. If your income is below the state median for your household size, you may qualify for Chapter 7 Bankruptcy. If your income exceeds the median, you may need to file for Chapter 13 Bankruptcy. Our Cape Canaveral bankruptcy attorneys can assist you in navigating this test effectively.
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Credit Counseling Course Requirements
Before filing for bankruptcy, individuals must complete a credit counseling course from an approved provider. This course helps you understand your financial situation and explore alternatives to bankruptcy. The certificate of completion must be submitted with your bankruptcy petition, a requirement that our Cape Canaveral bankruptcy attorneys can assist you with.
The Automatic Stay
One of the most significant benefits of filing for bankruptcy is the Automatic Stay, which immediately halts all collection actions against you. This includes foreclosure proceedings, wage garnishments, and creditor harassment. The automatic stay provides much-needed relief as you work through your financial difficulties in Cape Canaveral.
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The 341 Meeting
After filing for bankruptcy, you will attend the 341 meeting (also known as the meeting of creditors). During this meeting, the bankruptcy trustee will ask questions about your financial situation and assets. Creditors may also attend, although they often do not. It's important to be prepared and honest during this meeting, and having a Cape Canaveral bankruptcy attorney by your side can help ease the process.
Reaffirmation Agreements
In some cases, you may want to keep certain secured debts, such as your car loan or mortgage. A reaffirmation agreement allows you to retain those debts while still receiving bankruptcy protection. However, it's crucial to fully understand the implications of reaffirming debt, as it means you will remain liable for the debt even after bankruptcy. Our Cape Canaveral Bankruptcy Attorneys will explain your reaffirmation options.
The Discharge Injunction
Once your bankruptcy case is complete, you will receive a Discharge Injunction, which releases you from personal liability for most debts. This means creditors can no longer pursue you for repayment. Chapter 7 Bankruptcy can have a positive impact on your credit report, as it may allow you to begin rebuilding your credit sooner by eliminating overwhelming debts.
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Foreclosure Attorney, Cape Canaveral, FL
Foreclosure is a legal process that allows lenders to recover the balance of a loan from a borrower who has stopped making payments. Florida is a judicial foreclosure state, meaning that lenders must file a lawsuit to initiate foreclosure proceedings. This process provides homeowners in Cape Canaveral with certain rights and opportunities to defend against foreclosure. Our experienced Cape Canaveral Foreclosure Attorney will fight to protect your home, or if you prefer, leave the home and eliminate your mortgage debt with the lender.
The Complaint and Elements the Bank Must Prove
In a foreclosure lawsuit, the bank must file a complaint that includes specific elements to prove their case. This typically involves demonstrating that:
- The borrower defaulted on the mortgage.
- The bank has the legal right to foreclose (standing).
- The amount owed on the mortgage.
Our Cape Canaveral foreclosure attorneys are well-versed in these elements and can help you mount a strong defense.
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The Homeowner's Answer and Common Defenses
Once a foreclosure complaint is filed, the homeowner has the right to file an answer to contest the foreclosure. Common defenses include:
- Failure to Provide Proper Notice: If the bank did not follow the required notice procedures, the foreclosure may be invalid.
- Loan Modification: If the homeowner was in the process of negotiating a loan modification, they may argue that the bank should not proceed with foreclosure.
- Lack of Standing: The homeowner can challenge the bank's right to foreclose if they cannot prove ownership of the mortgage.
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Mediation, Mortgage Modification, Short-Sale, and Trial
In Florida, homeowners have the option of mediation to resolve foreclosure disputes. Mediation can help both parties reach a mutually agreeable solution, such as a Mortgage Modification or Short Sale.
- Mortgage Modification: This involves negotiating new terms for the mortgage to make payments more manageable.
- Short Sale: If the homeowner cannot afford the mortgage, they may sell the property for less than the amount owed, with the lender's approval.
If mediation fails, the case may proceed to trial, where a judge will determine the outcome. Having a knowledgeable Cape Canaveral foreclosure attorney can make a significant difference in navigating this process.
Outcomes of Foreclosure: Winning vs. Losing
- If the Homeowner Wins: If the homeowner successfully defends against the foreclosure, the court may dismiss the case, allowing the homeowner to keep their property.
- If the Homeowner Loses: If the homeowner loses, the court will issue a judgment in favor of the bank, allowing them to proceed with foreclosure and sell the property to recover the debt.
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Frequently Asked Questions (FAQs)
Bankruptcy FAQs
- What is the difference between Cape Canaveral Chapter 7 Bankruptcy and Chapter 13 Bankruptcy?
- Chapter 7 involves liquidation of assets, while Chapter 13 allows for debt repayment over time.
- How long does bankruptcy stay on my credit report?
- Chapter 7 bankruptcy stays on your credit report for 10 years, while Chapter 13 stays for 7 years.
- What debts can be discharged in bankruptcy?
- Most unsecured debts, such as credit cards and medical bills, can be discharged. Certain debts like student loans and tax debts are generally not dischargeable.
- Will I lose my house in bankruptcy?
- It depends on the type of bankruptcy and the equity in your home. Many individuals in Cape Canaveral can keep their homes using exemptions.
- What is a discharge in bankruptcy?
- A discharge releases you from personal liability for certain debts, preventing creditors from pursuing you for repayment.
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Foreclosure FAQs
- What is judicial foreclosure in Florida?
- In Florida, lenders must file a lawsuit to foreclose on a property, allowing homeowners to defend against the action.
- How long does the foreclosure process take in Cape Canaveral?
- The timeline can vary, but it typically takes several months to over a year, depending on the complexity of the case.
- Can I stop foreclosure once it starts?
- Yes, there are options such as mediation, loan modification, or bankruptcy that may help halt the foreclosure process.
- What happens if I don’t respond to a foreclosure complaint?
- Failing to respond can result in a default judgment against you, allowing the bank to proceed with foreclosure.
- What is a deficiency judgment?
- A deficiency judgment occurs when the sale of the foreclosed property does not cover the remaining balance of the mortgage, allowing the bank to pursue you for the difference.
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Navigating bankruptcy and foreclosure can be daunting, but you don’t have to face it alone. Our experienced Cape Canaveral bankruptcy and foreclosure attorneys are here to guide you through every step of the process. We understand the local laws and regulations in Brevard County and are committed to helping you find the best solution for your financial situation. Whether you need a Cape Canaveral bankruptcy attorney or a Cape Canaveral foreclosure attorney, we are dedicated to providing personalized support and expert legal representation.
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The Bowin Law Group proudly serves many areas in Brevard County, Florida, including Melbourne, West Melbourne, Palm Bay, Melbourne Beach, Viera, Cocoa, Cocoa Beach, Port Saint John, Titusville, Palm Bay, Rockledge, Satellite Beach, Indian Harbour Beach, Indialantic, Merritt Island, and Port Saint John.
