Melbourne, FL Bankruptcy and Foreclosure Attorney
Welcome to the Bowin Law Group. If you're reading this, you're likely navigating significant financial stress and seeking a path forward. I founded this firm to serve as Brevard’s Hometown Bankruptcy and Foreclosure Attorneys, providing dedicated support to our neighbors in their toughest moments.
I am Attorney Beau Bowin, a Melbourne, Florida native. I began my legal practice clerking for a federal bankruptcy judge and practicing at some of Florida’s most prominent corporate firms. In 2009, I brought that high-level experience home to Brevard County to launch a firm focused exclusively on protecting local consumers and families.
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My passion for Bankruptcy and Foreclosure Defense began at home, watching a family member battle overwhelming debt and the threat of losing their house. Seeing the high barriers "regular people" face when trying to afford counsel, I dedicated my career to providing accessible, high-quality representation for those in financial crisis.
This commitment has earned me national recognition, including being named a Rising Star by Florida Super Lawyers for four years—a distinction awarded to only 2% of attorneys nationwide. I also maintain a perfect 10/10 rating on Avvo, reflecting my standing among the top legal professionals in the country.
However, my true success is measured by the thousands of families I’ve helped across Melbourne, Palm Bay, Titusville, and throughout Brevard County. Since 2009, no other firm has won more foreclosure cases for local residents than Bowin Law Group. Whether through trial dismissals, successful appeals, mortgage modifications, or discharging millions in debt via Chapter 7, we fight to win—all for an affordable, flat-rate fee.
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Understanding Bankruptcy in 2025
Bankruptcy is a federal legal process governed by Title 11 of the U.S. Code. It allows individuals and businesses to either eliminate most of their debts (liquidation) or restructure them into a manageable payment plan (reorganization).
Current 2025 Debt & Bankruptcy Statistics
- Rising Filings: National bankruptcy filings reached 557,376 for the year ending September 2025, a 10.6% increase over the previous year.
- Florida Surge: In the first half of 2025, Florida saw a 15% year-over-year increase in individual Chapter 7 filings alone.
- Local Reality: In Brevard County, the median home price of $350,000 and high living costs have pushed many toward Chapter 7 (which accounts for roughly 80% of local filings) and Chapter 13.
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Chapter 7 vs. Chapter 13: Which is Right for You?
Chapter 7: The "Fresh Start" Liquidation
Chapter 7 is the most common form of bankruptcy for individuals. It is designed to wipe out unsecured debts—like credit cards, medical bills, and personal loans—in as little as four to six months.
- The Means Test: The bankruptcy means test is a two-part financial screening used to determine eligibility for Chapter 7 liquidation. First, it compares your average monthly income from the previous six months to the Florida state median for your household size. As of late 2025, Florida median annual income limits are approximately $65,801 for a single individual and $107,712 for a family of four. If your income is below these thresholds, you generally qualify automatically. If it is above, the second part allows you to deduct mandatory expenses—like taxes, housing, and healthcare—to calculate "disposable income." If your remaining disposable income is too high to pay back creditors, you must instead file for Chapter 13 reorganization.
- How it Works: A court-appointed trustee reviews your assets. While "non-exempt" property can technically be sold to pay creditors, most Florida cases are "no-asset" cases, meaning you keep everything you own.
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Chapter 13: Reorganization & Foreclosure Defense
If you earn too much for Chapter 7 or want to save a home from foreclosure, Chapter 13 may be the answer.
- Repayment Plan: You commit to a court-approved plan to pay back a portion of your debt over three to five years.
- Asset Protection: Chapter 13 allows you to keep all your property, including non-exempt assets, while catching up on missed mortgage or car payments.
Key Bankruptcy Protections & Requirements
The Automatic Stay: Immediate Relief
The moment your petition is filed, the Automatic Stay goes into effect. This is a powerful injunction that legally prohibits creditors from:
- Calling or harassing you.
- Garnishing your wages.
- Proceeding with foreclosures or repossessions.
- Filing or continuing lawsuits against you.
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Florida Property Exemptions (2025 Updates)
Florida offers some of the strongest asset protections in the country. To use these, you must generally have been a Florida resident for at least 730 days.
- Homestead Exemption: Protects unlimited equity in your primary residence (up to 0.5 acres in a city or 160 acres elsewhere), provided you’ve lived there for at least 1,215 days.
- Motor Vehicle: You can protect up to $5,000 in equity in a single vehicle (expanded under 2025 laws).
- Wildcard Exemption: If you do not use the homestead exemption, you can protect an additional $4,000 of any personal property.
The 341 Meeting (Meeting of Creditors)
Approximately 30 days after filing, you will attend a 341 Meeting. This is not a court trial. You will meet with the bankruptcy trustee, who will ask questions under oath about your financial documents and assets. Creditors are invited but rarely attend simple consumer cases.
Reaffirmation Agreements
If you want to keep a secured asset—like a financed car—in Chapter 7, you may sign a Reaffirmation Agreement. This contract waives the discharge for that specific debt, allowing you to keep the property as long as you continue making payments.
Credit Counseling & Debtor Education
The law requires two courses from an approved provider:
- Pre-filing Credit Counseling: Must be completed within 180 days before you file.
- Post-filing Debtor Education: Must be completed before you can receive your final discharge.
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Life After Bankruptcy: Repairing Your Credit
A common myth is that bankruptcy ruins your credit forever. In reality, it can be the first step toward repairing your credit.
- The Discharge Injunction: Once your case is over, the court issues a Discharge Order. This is a permanent injunction that "wipes the slate clean," legally barring creditors from ever trying to collect those debts again.
- Reporting: By eliminating late payments and high debt-to-income ratios from your credit report, bankruptcy provides a baseline for a fresh start. Many filers see their credit scores improve significantly within 12–24 months by using secured cards and making on-time payments.
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Melbourne, FL Foreclosure Attorney: Protecting Your Home in Brevard County
Facing a foreclosure notice can be one of the most stressful experiences for any homeowner. In 2025, as economic shifts continue to impact the Space Coast, many families in Melbourne, Palm Bay, and Titusville are finding themselves at a crossroads.
The Florida foreclosure process is judicial, meaning your lender must sue you in court to take your home. This process is complex, but it also provides critical opportunities to defend your property and seek alternative solutions.
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2025 Florida Foreclosure Market & 2026 Outlook
If your lender is foreclosing on your home, know that you are not alone:
- High National Standing: In 2025, Florida consistently ranked as one of the states with the highest foreclosure rates in the nation.
- Rising Activity: Foreclosure starts in Florida rose approximately 15.6% year-over-year as of late 2025.
- Brevard County Realities: Local delinquency rates saw an 18% increase in late 2025, particularly in areas like Palm Bay and Titusville, which have high concentrations of VA and FHA loans.
- 2026 Predictions: Analysts predict a "housing reset" starting in 2026. While foreclosure activity is expected to remain structurally higher than historical lows, experts anticipate a meaningful recovery in the overall housing market by mid-2026 as interest rates potentially stabilize.
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The Foreclosure Process: Step-by-Step
1. The Complaint and Summons
The legal battle begins when your lender files a Foreclosure Complaint in the Brevard County Circuit Court.
- The Complaint: This document outlines the lender’s claims, including the amount owed and their legal right to foreclose.
- The Summons: You will be formally served by a process server or sheriff. This document is your official notice that you are being sued and have 20 calendar days to file a written response.
2. The Answer and Affirmative Defenses
Your Answer is your formal response to the lender's allegations. Under 2025 Florida legal updates, defendants must now provide a "clear and concise statement of ultimate facts" when asserting defenses. Simply "laundry-listing" defenses is no longer sufficient; they must be substantiated with factual claims.
3. Relevant Defenses in 2025
Strategic legal defenses can often stall or even dismiss a foreclosure action. Common defenses include:
- Lack of Standing: The lender must prove they owned the mortgage and the original promissory note at the time the lawsuit was filed.
- Failure to Fulfill Conditions Precedent: Lenders are often required to send a specific "Notice of Default" (typically 30 days before filing) per the terms of the mortgage contract.
- Inaccurate Debt Calculations: Lenders must prove the exact amount of debt, including fees and interest, which are often erroneously calculated.
- Service of Process Errors: If the lender did not follow strict guidelines for serving you the lawsuit, the case may be challenged on procedural grounds.
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Hire a Melbourne Foreclosure Attorney ASAP.
In Florida, if you do not assert your Affirmative Defenses in your initial Answer, you may waive them forever. Having a Melbourne, FL foreclosure defense attorney prepare and file your Answer ensures that that your defenses are preserved, giving you a fighting chance to win your case and have the foreclosure dismissed.
- Avoiding Default: If you fail to respond within 20 days, the lender can obtain a Default Judgment, essentially winning the case automatically without you ever having the chance to present your side.
- Strategic Planning: Retaining an attorney at the outset allows for immediate discovery requests, forcing the bank to produce the original note and proof of payment history.
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Mediation and Loan Modification
Even after a lawsuit is filed, there are paths to keeping your home:
- Mediation: Florida courts often facilitate mediation where you and the lender meet with a neutral third party to discuss a settlement.
- Loan Modification: This involves changing the terms of your loan (e.g., lower interest rate or extended term) to make payments affordable. Many homeowners successfully negotiate a modification as part of their foreclosure defense.
The Path to Trial and Auction
If a settlement is not reached and the case is not dismissed, it proceeds toward a conclusion:
- Summary Judgment: The lender may file a motion asking the judge to rule in their favor without a full trial if they believe there are no "genuine issues of material fact".
- The Trial: If Summary Judgment is denied, a bench trial (trial before a judge) is held. The lender must present witnesses and evidence to prove their case.
- Foreclosure Auction: If the bank wins, the judge sets a sale date. In Brevard County, the Clerk of Court typically conducts these auctions every Wednesday at 11 a.m..
- Right of Redemption: You have the legal right to "redeem" the property by paying the full debt amount up until the moment the Clerk issues the Certificate of Sale following the auction.
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Frequently Asked Questions: Bankruptcy & Foreclosure in Brevard County
1. How much equity can I protect in my car in a 2025 Florida bankruptcy?
Under updated 2025 Florida law, the motor vehicle exemption allows you to protect up to $5,000 in equity for a single vehicle. This is a significant increase from previous years. If you file jointly with a spouse, you can protect up to $10,000 in equity for one or more vehicles.
2. Can I keep my home in Melbourne if I file for bankruptcy?
Yes, thanks to Florida’s strong homestead exemption. As of 2025, you can protect an unlimited amount of equity in your primary residence, provided it is on less than a half-acre within city limits (like Melbourne or Palm Bay) or 160 acres in unincorporated Brevard. You must have owned the home for at least 1,215 days to claim the full exemption.
3. What is the income limit for Chapter 7 in Florida for 2025?
Eligibility is determined by the Means Test. As of late 2025, the median income thresholds for Florida are approximately:
- 1 Person: $65,801
- 2 People: $81,109
- 3 People: $93,983
- 4 People: $107,712
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4. How long does the foreclosure process take in Brevard County?
Florida is a judicial foreclosure state, meaning cases must go through the court system. In 2025, a typical foreclosure in Brevard County takes between 6 to 18 months. Contesting the foreclosure with an attorney can extend this timeline, giving you more time to arrange a loan modification or short sale.
5. What happens if my house sells for less than I owe at a foreclosure auction?
The lender may seek a deficiency judgment for the remaining balance. In Florida, lenders have one year from the date the certificate of title is issued to file for a deficiency. This judgment can lead to wage garnishment or bank account levies for up to 20 years if not addressed.
6. Can filing for bankruptcy stop a foreclosure sale date?
Yes. The moment you file for bankruptcy, an "Automatic Stay" is issued. This legally freezes all collection actions, including scheduled foreclosure auctions in Brevard County, even if the sale is just hours away.
7. What is the "Wildcard Exemption" in Florida?
If you do not claim the homestead exemption (for example, if you rent or have no equity in your home), Florida allows a $4,000 wildcard exemption. You can apply this to any personal property, such as cash in a bank account, jewelry, or additional vehicle equity.
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8. Will I lose my retirement accounts in bankruptcy?
Generally, no. Most ERISA-qualified retirement accounts, including 401(k)s, IRAs, and pensions, are 100% exempt from the bankruptcy estate under both Florida and federal law.
9. How many days do I have to respond to a foreclosure summons in Brevard?
In Florida, you have 20 calendar days from the date you are served to file a written "Answer" with the Brevard County Clerk of Court. Failing to respond within this window can lead to a default judgment, allowing the bank to fast-track the sale of your home.
10. Where is the "341 Meeting of Creditors" held for Brevard residents?
For 2025, most 341 meetings for the Middle District of Florida are held remotely via Zoom, though you are still under oath. Your attorney will provide the specific link or call-in details for your assigned trustee.
