Bankruptcy Attorney, Indian Harbour Beach, FL
Bankruptcy Attorneys and Foreclosure Attorneys in Indian Harbour Beach, FL
Welcome to the Bowin Law Group website. If you are reading this, you are likely navigating substantial financial challenges and seeking legal help. I founded Bowin Law Group to be Brevard's Hometown Bankruptcy and Foreclosure Defense Attorneys. Bowin Law Group provides residents of Indian Harbour Beach and Brevard County with dedicated, local representation in bankruptcy and foreclosure matters.
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I am Beau Bowin, a native of Melbourne, FL. My professional background includes serving as a judicial law clerk for a federal bankruptcy judge and gaining valuable experience at prominent corporate law firms within Florida. In 2009, I established Bowin Law Group to apply that high-level experience locally, concentrating specifically on Bankruptcy and Foreclosure Defense.
My commitment to specializing in Foreclosure Defense and Chapter 7 Bankruptcy was influenced by witnessing a family member’s personal struggle with debt and housing insecurity. Recognizing the barriers average families face in accessing quality legal representation, I dedicated my practice to ensuring clients in financial distress receive professional, skilled advocacy, whether they are pursuing debt discharge through Chapter 7 Bankruptcy or defending their primary residence from foreclosure.
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My professional standing has been recognized by my peers. I was honored with the Rising Star designation in Florida Super Lawyers Magazine for 2010, 2011, 2013, and 2014. Published by Thomson Reuters, this recognition is extended to only the top 2.5% of attorneys in the state. I am one of the few bankruptcy and foreclosure defense attorneys in the Melbourne area and across Brevard County to achieve this distinction. Furthermore, I achieved a perfect 10/10 rating on Avvo, a leading national legal directory.
If you are struggling with mounting debt or the threat of losing your home, you need an Indian Harbour Beach bankruptcy and foreclosure defense attorney who understands the specific legal climate of Brevard County. Whether you are located in the heart of the 32937 zip code or residents of nearby Satellite Beach, Melbourne, or Indialantic, our firm provides proven legal strategies required to navigate the Florida Middle District Bankruptcy Court and the 18th Judicial Circuit. From stopping creditor harassment through federal bankruptcy protection to challenging predatory lending in foreclosure litigation, we are dedicated to preserving the financial future of Space Coast families in 2025.
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The Path to a Fresh Start: Bankruptcy Attorneys in Indian Harbour Beach, Florida
Bankruptcy is a constitutional right designed to give honest debtors a second chance. It is not an end, but a strategic beginning. By filing for bankruptcy, you immediately invoke the Automatic Stay. This powerful legal shield halts all collection activities instantly—meaning no more harassing phone calls, no more wage garnishments, and a temporary stop to any scheduled foreclosure sales on your Indian Harbour Beach property.
Chapter 7 vs. Chapter 13: Which is Right for You?
The choice between bankruptcy chapters depends largely on your assets, income, and goals:
- Chapter 7 (Liquidation): This is the most common form of bankruptcy. It is designed to wipe out unsecured debts like credit cards, medical bills, and personal loans. Most Chapter 7 cases in Brevard County are "no-asset" cases, meaning the debtor keeps all their property because it falls under Florida’s generous exemptions.
- Chapter 13 (Reorganization): If you have a steady income but have fallen behind on your mortgage or car payments, Chapter 13 allows you to "catch up." You propose a 3-to-5-year repayment plan to pay back arrears while keeping your property.
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The 2025 Florida Means Test
To qualify for Chapter 7, you must pass the Means Test. This formula ensures that those who can afford to pay back a portion of their debt do so through Chapter 13. As of November 1, 2025, the median income levels for Florida residents have been updated. For example, a single-person household now has a median income threshold of $68,085, while a household of four has a threshold of $105,431. If your income is below these marks, you generally qualify for Chapter 7. If it is higher, we perform a detailed analysis of your "disposable income" to determine eligibility.
Mandatory Education and the 341 Meeting
The bankruptcy process requires two educational hurdles:
- Credit Counseling: Must be completed within 180 days before filing.
- Debtor Education: Must be completed after filing to receive your discharge.
Approximately 30 to 45 days after filing, you will attend the 341 Meeting of Creditors. In 2025, these meetings for Brevard County residents are typically held via remote video or teleconference. Here, the Trustee will ask questions under oath regarding your assets and the accuracy of your bankruptcy petition.
Reaffirmation, Discharge, and Your Credit
If you have a car loan or furniture lease you wish to keep, you may sign a Reaffirmation Agreement. This "re-binds" you to the debt, ensuring the creditor cannot repossess the item as long as you stay current.
The ultimate victory in bankruptcy is the Discharge Injunction. This is a permanent court order that prohibits creditors from ever again attempting to collect on the discharged debts. Contrary to popular belief, Chapter 7 can have a positive impact on credit reports. By eliminating a high debt-to-income ratio and removing the "delinquency" status of multiple accounts, many of our clients see their credit scores begin to rise significantly within a year of their discharge.
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Foreclosure Defense Attorney, Indian Harbour Beach, FL
Florida is a Judicial Foreclosure state. This means a bank cannot simply change your locks; they must sue you in civil court and win a judgment before a sale can occur. This process gives homeowners in Indian Harbour Beach a window of opportunity to defend their rights.
The Complaint and the Bank's Burden of Proof
A foreclosure begins when you receive a Summons and Complaint. To win, the bank must prove four primary elements:
- The Note and Mortgage: They must prove a valid contract exists.
- Default: They must prove you missed payments.
- Standing: This is the most contested area. The bank must prove they held the "original note" at the exact moment the lawsuit was filed.
- Conditions Precedent: They must prove they followed all contract terms, such as sending a specific 30-day "intent to accelerate" letter.
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The Answer and Common Defenses
You have 20 days to file a written Answer. Common defenses we assert include:
- Lack of Standing: The bank cannot produce the original note or a valid chain of assignments.
- Verification of Debt: Challenging the bank’s math regarding interest, escrow, and late fees.
- Unclean Hands: If the bank acted in bad faith or committed fraud during the life of the loan.
- Notice Failures: The bank failed to give you the contractually required notice before suing.
Mediation, Modification, and Short Sales
During the litigation, we often pursue alternative resolutions:
- Mediation: A formal meeting where we sit down with the bank's lawyers to negotiate a settlement.
- Loan Modification: The "holy grail" of defense, where the bank agrees to lower your interest rate or extend the loan term to make payments affordable again.
- Short Sale: If you want to leave the home, we negotiate for the bank to accept a sale price lower than the balance owed, often with a waiver of the "deficiency balance."
Trial: What Happens When You Win or Lose?
If the case proceeds to Trial, a judge will hear the evidence.
- If the Homeowner Wins: The case is dismissed. While the mortgage still exists, the bank must start the entire lawsuit over from scratch, often buying the homeowner another 12 to 24 months of residence or a better seat at the modification table.
- If the Homeowner Loses: The judge enters a Final Judgment of Foreclosure. A sale date is set (usually 35 days later). Even after the sale, you have a brief window to "redeem" the property by paying the judgment in full before the Certificate of Title is issued to the new owner.
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Contact Bowin Law Group today for your Free Consultation
The Bowin Law Group proudly serves many areas in Brevard County, Florida, including Melbourne, West Melbourne, Palm Bay, Melbourne Beach, Viera, Cocoa, Cocoa Beach, Cape Canaveral, Port Saint John, Titusville, Palm Bay, Rockledge, Satellite Beach, Indialantic, Merritt Island, and Port Saint John.
