Bankruptcy Attorneys, Merritt Island, Florida | Foreclosure Attorneys, Merritt Island, FL
Bankruptcy Lawyer and Foreclosure Lawyer Serving Merritt Island, Florida
If you’re visiting the Bowin Law Group, you are likely navigating substantial financial difficulties and searching for a way out. I’m Beau Bowin, a Melbourne native who founded this firm in 2009 to serve as Brevard County’s premier hometown resource for bankruptcy and foreclosure defense. From our Merritt Island and Melbourne roots, we proudly advocate for families in Cocoa, Palm Bay, and across the Space Coast. We are Brevard's Hometown Bankruptcy and Foreclosure Attorneys.
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My journey into consumer law began after clerking for a federal bankruptcy judge and working for major corporate firms. Witnessing a family member struggle with debt and the threat of losing their home inspired me to bridge the gap for everyday people who need high-quality, affordable legal help. This dedication has earned me a 10/10 AVVO rating and multiple selections as a "Rising Star" by Florida Super Lawyers— a distinction held by only 2% of attorneys nationwide.
While the accolades are rewarding, my true pride lies in the results we’ve achieved for thousands of Brevard County residents. Since 2009, the Bowin Law Group has won more foreclosure cases for local families than any other firm, whether through trial dismissals, successful appeals, or favorable mortgage modifications. We have also helped our clients eliminate millions in debt through Chapter 7 filings. We are committed to fighting for your future with transparent, affordable flat-rate fees designed for families in need.
Proudly Serving:
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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What does it mean to “Declare Bankruptcy” in Merritt Island, FL
Bankruptcy is a powerful federal tool designed to provide honest debtors with a "fresh start" by either liquidating assets to pay off creditors or restructuring debts into a manageable payment plan. While often misunderstood, bankruptcy is a proactive step toward reclaiming your financial future.
Chapter 7 vs. Chapter 13 Bankruptcy
In Florida, most individuals file under one of two main chapters:
- Chapter 7 (Liquidation Bankruptcy): Known as "straight bankruptcy," Chapter 7 Bankruptcy allows you to wipe out most unsecured debts—such as credit cards, medical bills, and personal loans—in as little as four to six months. While a trustee may sell non-exempt assets to pay creditors, Florida's generous exemptions often allow filers to keep their home, car, and essential personal property.
- Chapter 13 (Reorganization Bankruptcy): Often called the "wage earner’s plan," Chapter 13 Bankruptcy is for those with a regular income who want to keep assets like a home facing foreclosure. You propose a three-to-five-year plan to pay back a portion of your debt. This is an ideal solution for catching up on missed mortgage payments or "cramming down" high-interest car loans.
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- Median Income Test: If your household income is below the state median, you generally qualify automatically. As of 2026, these thresholds are adjusted periodically based on household size.
- Disposable Income Test: If you are above the median, you may still qualify if your "disposable income" (income minus allowed expenses like housing and utilities) is low enough that you cannot reasonably afford to repay creditors.
Credit Counseling Requirements
Federal law requires all filers to complete two educational courses from an approved provider:
- Pre-filing Credit Counseling: Must be completed within 180 days before filing your petition.
- Pre-discharge Debtor Education: Must be completed after filing but before your debts are officially wiped out.
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The Automatic Stay: Immediate Protection
The moment your attorney files your bankruptcy petition, an Automatic Stay goes into effect. This powerful legal injunction immediately stops:
- Foreclosure sales and repossessions.
- Wage garnishments.
- Creditor harassment and collection calls.
The 341 Meeting of Creditors
Approximately 30 days after filing, you will attend the 341 Meeting. This is not a court hearing before a judge, but a brief meeting with the Bankruptcy Trustee. They will ask you questions under oath about your financial documents and assets. While creditors are invited, they rarely attend in consumer cases.
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Reaffirmation Agreements
If you have a secured debt—like a car loan—that you wish to keep, you may sign a Reaffirmation Agreement. This "re-commits" you to the debt, ensuring you can keep the asset as long as you continue making payments, but it means that specific debt will not be discharged.
The Discharge Injunction and Credit Impact
The ultimate goal is the Discharge Injunction, a permanent court order that prohibits creditors from ever trying to collect on the discharged debts again.
Positive Impact on Credit: While a bankruptcy remains on your report for 7 to 10 years, many Merritt Island filers see an immediate increase in their credit score after the discharge. By removing a high debt-to-income ratio and years of late payments, bankruptcy provides a clean slate, allowing you to begin rebuilding your credit score immediately through disciplined financial habits.
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Foreclosure Attorney, Merritt Island, FL
Florida is a judicial foreclosure state. This means a bank cannot simply seize your home; they must sue you in a court of law and win a judgment before a sale can be scheduled. The Brevard County Foreclosure Process provides critical windows of opportunity for homeowners to fight back.
The Foreclosure Complaint: What the Bank Must Prove
The process begins when you are served with a Summons and Complaint. To take your home, the bank must prove:
- Standing: They must show they legally own the note and mortgage.
- Default: They must prove you missed payments (typically at least 120 days delinquent).
- Conditions Precedent: They must prove they sent the required "Notice of Intent to Foreclose" or "Acceleration Letter" before filing the suit.
The Answer and Common Defenses
You have 20 days to file a formal "Answer" to the complaint. Common defenses include:
- Lack of Standing: The bank cannot prove it owns the loan because of "broken" chains of assignments.
- Unfair Lending Practices: Violations of the Truth in Lending Act (TILA) or Real Estate Settlement Procedures Act (RESPA).
- Improper Service: The bank failed to serve the lawsuit correctly.
- Failure to Provide Notice: The bank skipped the mandatory 30-day cure period notice.
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Mediation and Mortgage Modification
In Brevard County, courts often encourage or require mediation, a meeting where you and the bank attempt to reach a settlement. This is the primary time to pursue a Mortgage Modification, which can lower your interest rate, extend the loan term, or roll arrears into the back of the loan to make payments affordable again.
Short Sale and Trial
If keeping the home is not feasible, we may negotiate a Short Sale, where the bank allows you to sell the home for less than what is owed, often waiving the "deficiency balance" (the difference between the sale price and the loan amount). If no settlement is reached, the case goes to Trial, where a judge decides if the bank has met its burden of proof.
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Winning vs. Losing the Case
- If You Win: The foreclosure case is dismissed. You may still owe the debt, but the bank must start over or negotiate on your terms. In some cases, you may be awarded attorney’s fees.
- If You Lose: The judge enters a Final Judgment of Foreclosure and sets a sale date, which must be at least 30 in the future. You still have a Right of Redemption until the moment of the sale, meaning you can pay off the judgment to keep the home. If the home sells, a Certificate of Title is issued, and a Writ of Possession may follow, giving you a short window to vacate.
Frequently Asked Questions
Navigating financial distress in 2026 requires clear answers. Below are 15 of the most common questions our clients in Merritt Island and throughout Brevard County ask regarding bankruptcy and foreclosure.
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1. Will I lose my home if I file for bankruptcy in Merritt Island, Florida?
Not necessarily. Florida offers one of the most generous Homestead Exemptions in the country. If your home is your primary residence and you have lived in Florida you can generally protect an unlimited amount of equity in your home (up to a half-acre in a municipality like Merritt Island or 160 acres elsewhere). However, bankruptcy does not eliminate your mortgage; you must still make payments to keep the property.
2. Can bankruptcy stop a scheduled foreclosure sale in Merritt Island?
Yes. The moment your attorney files for bankruptcy, an Automatic Stay is enacted. This federal injunction requires all collection activities, including scheduled foreclosure sales, to cease immediately.
3. What is the difference between Chapter 7 and Chapter 13 for homeowners?
- Chapter 7 Bankruptcy is a liquidation bankruptcy that wipes out unsecured debt. While it triggers the automatic stay, it does not provide a formal mechanism to catch up on missed mortgage payments. If you are behind, the bank may eventually ask the court to lift the stay.
- Chapter 13 Bankruptcy is a reorganization that allows you to pay back missed mortgage payments (arrears) over a three-to-five-year plan, making it the preferred choice for those wishing to save their home.
4. How long do I have to respond to a foreclosure summons in Brevard County?
In Florida, you have exactly 20 days from the date you are served with a foreclosure complaint to file a formal "Answer" with the court. Failure to respond within this window can lead to a "default," where you forfeit your right to defend the case.
5. What are common defenses against a foreclosure lawsuit?
Common defenses include lack of standing (the bank cannot prove they own the loan), failure to provide notice (not sending the required default letters), and unclean hands (fraudulent or unethical behavior by the lender).
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6. Do I make "too much money" to file for Chapter 7?
This is determined by the Means Test. As of 2026, if your household income is below the Florida median, you generally qualify. If it is above the median, we analyze your "disposable income" after allowable expenses (like your mortgage and health insurance) to see if you still qualify.
7. Will filing for bankruptcy ruin my credit forever?
While a bankruptcy filing remains on your credit report for 7 to 10 years, it is often the first step in improving your score. By eliminating debt that you cannot pay, you improve your debt-to-income ratio. Many Merritt Island residents see their scores begin to rise significantly within 12 to 24 months post-discharge.
8. What is the "Automatic Stay"?
The Automatic Stay is a legal barrier that stops creditors from taking any action against you. This includes phone calls, letters, lawsuits, wage garnishments, and repossessions.
9. Can I keep my car in a Florida bankruptcy?
Yes, in most cases. Florida law allows a motor vehicle exemption (typically $5,000 in equity, or more if filing jointly). If your equity exceeds this, we can often use a "wildcard" exemption of up to $4,000 to protect your vehicle.
10. What is a "Short Sale"?
A Short Sale is when the lender agrees to let you sell your home for less than the remaining balance on your mortgage. This is often used as an alternative to foreclosure to avoid a deficiency judgment.
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11. What is the "341 Meeting"?
Also known as the Meeting of Creditors, this is a brief meeting where you testify under oath about your financial situation before a Bankruptcy Trustee. It is typically the only "hearing" you will have to attend in a Chapter 7 case.
12. Can I get a loan modification while in foreclosure?
Yes. Florida courts often encourage mediation, where you can negotiate a Mortgage Modification. This can lower your interest rate or extend your loan term to make payments affordable again.
13. What happens if I lose my foreclosure trial?
If the judge rules in favor of the bank, a Final Judgment of Foreclosure is entered, and a sale date is set. You generally have a "right of redemption" to pay off the debt until the moment of the sale.
14. Are all debts wiped out in bankruptcy?
Most unsecured debts are discharged, but some are non-dischargeable. These typically include recent taxes, student loans (unless undue hardship is proven), child support, alimony, and debts resulting from fraud.
15. Do I need an attorney, or can I file "Pro Se"?
While you are legally allowed to represent yourself (Pro Se), bankruptcy and foreclosure laws are incredibly complex. An error in your filing can lead to the loss of assets or the dismissal of your case. An experienced local attorney ensures you maximize your exemptions and protect your rights.
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Why Choose Bowin Law Group as your Merritt Island Foreclosure Attorney?
Since 2009, Bowin Law Group has been Brevard's Hometown Bankruptcy and Foreclosure Defense Attorneys. Navigating the Brevard County court system requires a lawyer who understands the local rules and the tendencies of local judges. Whether you are a Space Coast engineer or a small business owner in Titusville, we provide the personalized, aggressive representation necessary to protect your assets in 2026.
Contact us today to schedule your consultation and take the first step toward peace of mind.
