Bankruptcy Attorneys, Melbourne Beach, FL | Foreclosure Attorney, Melbourne Beach, FL
Melbourne Beach Bankruptcy and Foreclosure Attorneys
Welcome to the Bowin Law Group. If you have arrived at our site, you are likely navigating significant financial challenges and seeking expert guidance. My name is Beau Bowin. A native of Melbourne, Florida, my legal career began with a clerkship for a Federal Bankruptcy Judge in West Palm Beach, followed by years of practice at some of Florida’s largest corporate firms. In 2009, I returned home to Brevard County to launch a firm dedicated exclusively to consumer protection.
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I established Bowin Law Group to serve as Brevard County’s premier bankruptcy attorneys and foreclosure defense attorneys, providing hometown advocacy backed by unmatched legal experience. If you live in Melbourne Beach, FL, or anywhere in Brevard County, schedule a Free Phone Consultation today and let us fight for you.
My transition into foreclosure defense and Chapter 7 bankruptcy was deeply personal, motivated by a family member’s struggle with overwhelming debt and the threat of losing their home. Recognizing that those in financial distress often face the greatest barriers to securing high-quality legal counsel, I dedicated my practice to ensuring that families in our community have access to sophisticated representation at an affordable cost.
My commitment to excellence has been recognized nationally. I was honored by my peers as a "Rising Star" in Florida Super Lawyers Magazine (an honor reserved for the top 2.5% of attorneys in the country) for 2010, 2011, 2013, and 2014. Additionally, I maintain a perfect 10/10 rating on AVVO, one of the nation's most respected legal directories.
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However, my greatest professional achievement remains the privilege of representing thousands of families across Brevard County—from Melbourne Beach to Titusville and Cocoa to Viera, Melbourne, and the Beaches. Since 2009, the Bowin Law Group's foreclosure defense attorney has secured more foreclosure victories for Brevard residents than any other firm. Whether through trial dismissals, successful appeals, or favorable mortgage modifications, we fight to win. We have also helped our clients discharge millions of dollars in debt through Chapter 7 bankruptcy, providing a true fresh start for a predictable flat fee that respects your budget.
Bowin Law Group is Brevard's Hometown Bankruptcy and Foreclosure Defense Law Group, representing families in Melbourne Beach and surrounding areas. We offer Free Phone Consultations. Discounts for Active-Duty Miitary and Veterans. Schedule a Free Phone Consultation today!
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Understanding Bankruptcy in Florida
Bankruptcy is not a sign of failure; it is a federal legal tool designed to provide a "fresh start" to individuals who can no longer meet their financial obligations. By filing for bankruptcy in the Middle District of Florida, you invoke powerful protections that immediately freeze collection efforts, allowing you to reorganize or discharge your debts under court supervision.
Chapter 7 vs. Chapter 13 Bankruptcy
The two most common paths for Brevard County residents are Chapter 7 bankruptcy and Chapter 13 bankruptcy:
- Chapter 7 (Liquidation): Often called "straight bankruptcy," this process typically wipes out unsecured debts like medical bills and credit cards within four to six months. While a trustee may liquidate non-exempt assets to pay creditors, Florida’s generous exemptions allow most filers to keep their homes and primary vehicles.
- Chapter 13 (Reorganization): This is ideal for those with steady income who want to save their home from foreclosure. It involves a three-to-five-year repayment plan where you catch up on missed mortgage payments while consolidating other debts into a single, manageable monthly amount.
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The Florida Means Test and Eligibility
To qualify for Chapter 7 in 2025, you must pass the Florida Means Test. This test compares your average monthly income against the Florida median for a household of your size. If your income is below the median, you automatically qualify; if it is above, a detailed analysis of your "disposable income" determines if you must instead file for Chapter 13.
Mandatory Credit Counseling and Debtor Education
Before filing any bankruptcy case, federal law requires you to complete a certified credit counseling course. After filing, but before receiving your discharge, you must complete a second course on financial management. These are typically available online or by phone for a small fee.
The Power of the Automatic Stay
The moment your attorney files your petition, the Automatic Stay goes into effect. This is a court order that legally forbids creditors from contacting you, suing you, garnishing your wages, or continuing foreclosure proceedings. It provides the immediate breathing room needed to assess your options without the pressure of constant harassment.
The 341 Meeting of Creditors
Approximately 30 days after filing, you will attend the 341 Meeting, named after the section of the Bankruptcy Code that requires it. In 2025, many of these meetings in Brevard County are conducted via video or telephone. You will answer questions under oath from the bankruptcy trustee regarding your assets and financial history. While creditors can attend, they rarely do in simple consumer cases.
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Reaffirmation Agreements
In Chapter 7, if you wish to keep a secured asset like a car or a home that you are still paying for, you may sign a reaffirmation agreement. This contract waives the bankruptcy discharge for that specific debt, meaning you remain legally obligated to pay it in exchange for keeping the property.
The Discharge Injunction: Your Permanent Protection
The ultimate goal of bankruptcy is the Discharge Injunction. This is a permanent court order that prohibits creditors from ever attempting to collect a discharged debt. It is the legal wall that protects your "fresh start" for the rest of your life.
Positive Impacts on Credit Reports
While many fear the "10-year" mark on a credit report, Chapter 7 often has a positive impact on credit scores within 12 to 24 months. By eliminating a high debt-to-income ratio and removing delinquent accounts, your score can begin to rebuild immediately upon discharge. Many residents find they can qualify for competitive financing much sooner than they expected.
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Foreclosure Attorney, Melbourne Beach, FL
Florida is a judicial foreclosure state, meaning a bank cannot simply seize your home; they must sue you in court and win a judgment before a sale can occur. This process provides homeowners in Melbourne Beach and throughout Brevard County significant opportunities to defend their rights.
The Complaint and What the Bank Must Prove
The process begins when the lender files a Foreclosure Complaint. To win, the bank must prove several elements:
- Standing: They must prove they own the original note and have the legal right to sue.
- Default: They must prove you missed payments.
- Conditions Precedent: They must prove they gave you proper legal notice (often a 30-day "Notice of Default") before filing the suit.
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The Answer and Common Defenses
Upon being served with the complaint, you have exactly 20 days to file a written Answer. Failing to respond can lead to a default judgment and a quick loss of your home. Common defenses include:
- Lack of Standing: The bank cannot produce the original note or a proper chain of assignments.
- Service Errors: The bank failed to follow strict legal rules when serving you the lawsuit.
- Payment Misapplication: The lender failed to properly credit payments or overcharged for "force-placed" insurance.
Mediation and Mortgage Modification
In Brevard County, courts often encourage mediation, where a neutral third party helps you and the bank negotiate. This is often the best time to pursue a mortgage modification, which can lower your interest rate or extend your loan term to make payments affordable again.
Short-Sales and Alternatives
If keeping the home is no longer feasible, we can negotiate a short-sale—where the bank allows you to sell the home for less than what is owed—or a deed-in-lieu of foreclosure. These options often protect you from "deficiency judgments," where the bank sues you for the remaining balance after the home is sold.
The Trial and Potential Outcomes
If no settlement is reached, the case proceeds to a trial before a judge.
- If the Homeowner Wins: The case is dismissed. While this doesn't "wipe out" the mortgage, it forces the bank to start over, often providing years of additional time to stay in the home or negotiate a better settlement.
- If the Homeowner Loses: The court enters a Final Judgment of Foreclosure and sets a sale date, usually 30 to 60 days later. After the sale, a "Certificate of Title" is issued to the new owner, and you may eventually face an eviction notice.
Our Melbourne Beach Foreclosure Attorney is here to ensure that you explore every possible avenue to save your home and secure your financial future in 2025. Contact us for a consultation regarding your Brevard County bankruptcy or foreclosure matter today.
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FAQs: Bankruptcy & Foreclosure Attorney in Melbourne Beach (2025)
1. Can I keep my home in Melbourne Beach if I file for bankruptcy?
Yes, in many cases. Florida offers one of the most robust Homestead Exemptions in the nation. If you have owned your primary residence in Brevard County for at least 1,215 days (approx. 3.3 years) and the property is on less than half an acre within a municipality, its equity is typically 100% protected.
2. I just moved to Brevard County; can I still use the Florida homestead exemption?
If you have not lived in Florida for the required 1,215 days, your homestead exemption may be capped by federal law (currently approximately $189,050 in 2025). You generally must also be a Florida resident for at least 730 days before you can use any Florida state exemptions at all.
3. What happens to my car in a Chapter 7 bankruptcy?
Florida law allows you to protect up to $5,000 in equity for a single motor vehicle as of 2025. If your car is worth more than you owe by less than $5,000, you can usually keep it. If you have more equity, you may be able to use a "wildcard" exemption to protect more value or negotiate a "buy-back" with the trustee.
4. How long does the foreclosure process take in Brevard County?
For an uncontested case, a foreclosure can move from the initial complaint to a sale date in as little as 90 to 180 days. However, with an active legal defense, cases in the Eighteenth Judicial Circuit (Brevard/Seminole) can take significantly longer, sometimes a year or more, providing time for a loan modification.
5. What is the "20-Day Rule" in Florida foreclosure?
Once you are served with a foreclosure summons, you have exactly 20 calendar days to file a formal written "Answer" with the Brevard County Clerk. If you miss this deadline, the bank can move for a default judgment, which effectively ends your ability to contest the case and fast-tracks the sale of your home.
6. Will bankruptcy stop a foreclosure sale that is already scheduled?
Yes. Filing for bankruptcy triggers an Automatic Stay, which legally halts almost all collection actions, including a scheduled foreclosure sale. Even if the sale is set for tomorrow, a properly filed petition can stop it, though it is critical to notify the state court and the lender immediately.
7. Can I eliminate HOA or Condo fees through bankruptcy?
While bankruptcy can discharge past-due HOA fees owed up to the date of your filing, you remain legally responsible for all assessments that accrue after the filing date as long as you remain the legal owner of the property.
8. What are the mandatory courses I must take to file?
Federal law requires two brief courses:
- Pre-filing: A credit counseling session must be completed within 180 days before you file.
- Post-filing: A debtor education course (financial management) must be completed after you file to receive your final discharge.
Both are available online in 2025 and typically cost between $10 and $50 each.
9. Can I file for bankruptcy if I am currently unemployed?
Yes. There is no requirement to be employed to file for bankruptcy. In fact, if you have no income, you are more likely to pass the Means Test for a Chapter 7 Bankruptcy discharge. However, in a Chapter 13 reorganization, you must demonstrate "regular income" to fund your repayment plan.
10. What is the difference between a "Short Sale" and "Foreclosure"?
In a short sale, you sell your home for less than the mortgage balance with the bank’s permission, which often results in less credit damage than a foreclosure. In a foreclosure, the bank takes the property via a court-ordered auction. Defending a foreclosure can often provide the time needed to successfully negotiate a short sale or a modification.
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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, Cape Canaveral, Port Saint John, Titusville, Palm Bay, Rockledge, Satellite Beach, Indian Harbour Beach, Indialantic, Merritt Island, and Port Saint John.
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