Bankruptcy Attorneys, Titusville, FL | Foreclosure Attorneys, Titusville, FL
Stop Foreclosure or File Bankruptcy in Titusville, FL
Welcome to the Bowin Law Group website. If you are reading this, you are likely navigating significant financial stress and seeking professional guidance. I established this firm to serve as Brevard County's Hometown Bankruptcy and Foreclosure Attorneys.
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I'm Beau Bowin, a Melbourne native with deep roots in this community. My legal background includes clerking for a federal bankruptcy judge and gaining experience at some of Florida's most prominent corporate firms. In 2009, I launched Bowin Law Group to bring that high-level experience back home, focusing exclusively on helping Brevard County families overcome their financial hurdles.
My focus on Foreclosure Defense and Chapter 7 Bankruptcy was inspired by a family member’s personal struggle with crippling debt and the loss of their home. Witnessing the difficulty average families face in affording quality legal counsel, I dedicated my practice to ensuring that those in financial distress have access to professional representation—whether they are pursuing a fresh start through Chapter 7 Bankruptcy or fighting to save their property from foreclosure.
Since starting Bowin Law Group, I've been honored by my peers with the Rising Star designation in Florida Super Lawyers Magazine for 2010, 2011, 2013, and 2014. Published by Thomson Reuters, this prestigious recognition is reserved for the top 2.5% of attorneys in the state. I am one of the few bankruptcy and foreclosure specialists in Melbourne and throughout Brevard County to achieve this distinction. Additionally, I achieved a perfect 10/10 rating on AVVO, one of the nation's premier legal directories.
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My greatest privilege, however, remains serving thousands of families across Brevard County—from Titusville and Mims to Melbourne, Palm Bay, and the Beaches. Since 2009, no other firm has won more foreclosure cases for local families than Bowin Law Group. We are relentless advocates for our clients, whether we are securing a trial dismissal, winning an appeal, or negotiating a mortgage modification to make your payments manageable. We have successfully discharged millions of dollars in debt for our clients through Chapter 7 Bankruptcy, and we provide these high-caliber services for an affordable flat-rate fee.
If you are facing mounting credit card debt, relentless collection calls, or the frightening prospect of losing your home, you need a dedicated Titusville bankruptcy and foreclosure attorney who understands the local landscape. Our firm provides comprehensive legal solutions for residents in Titusville, Mims, Cocoa, Rockledge, and across all of Brevard County. Whether you are seeking a fresh start through the federal bankruptcy courts or a robust defense in a Florida judicial foreclosure action, we offer the professional guidance necessary to navigate these complex legal hurdles. By focusing on both debt relief and property preservation, we help Brevard County homeowners regain their financial footing and protect their most valuable assets during these challenging times.
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Comprehensive Bankruptcy Solutions in Florida
Bankruptcy is a powerful federal tool designed to provide honest debtors with a "fresh start" by discharging most unsecured debts or reorganizing payment plans. In Florida, the process is governed by the U.S. Bankruptcy Code, but state-specific exemptions and income limits play a critical role in determining your eligibility and the protection of your assets.
Chapter 7 vs. Chapter 13 Bankruptcy
Understanding the difference between the two primary types of consumer bankruptcy is essential for developing a successful financial strategy.
- Chapter 7 (Liquidation): Often referred to as "straight bankruptcy," Chapter 7 is designed to wipe out unsecured debts like credit cards, medical bills, and personal loans. In exchange for this discharge, a court-appointed trustee may liquidate non-exempt assets to pay creditors. However, most residents in Titusville find that Florida’s generous exemptions allow them to keep their home, car, and personal belongings.
- Chapter 13 (Reorganization): This is a repayment plan for individuals with a regular income. It allows you to catch up on missed mortgage payments or car loans over a three-to-five-year period. Chapter 13 is often the preferred choice for Brevard County homeowners who are facing foreclosure but want to keep their property.
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The Florida Means Test (2025 Updates)
To qualify for Chapter 7, you must pass the "Means Test." This calculation determines if you have sufficient disposable income to pay back some of your debts. As of late 2025, the median income levels for Florida have been updated.
- Median Income Test: If your household income is below the Florida median for a family of your size (e.g., approximately $68,085 for a single earner or $111,819 for a family of four as of November 2025), you typically qualify for Chapter 7 automatically.
- Disposable Income Calculation: If your income exceeds the median, we perform a secondary calculation deducting IRS-approved living expenses. If your remaining "disposable income" is low enough, you may still qualify for Chapter 7.
Mandatory Credit Counseling
Before filing any bankruptcy petition in Florida, you must complete a credit counseling course from an agency approved by the U.S. Trustee within 180 days prior to filing. A second course, known as the "Debtor Education" or "Financial Management" course, must be completed after filing to receive your final discharge.
The Power of the Automatic Stay
The moment your bankruptcy petition is filed with the court, an Automatic Stay goes into effect. This is a powerful injunction that immediately halts:
- Foreclosure sales and lawsuits.
- Wage garnishments.
- Repossessions.
- Creditor phone calls and collection letters.
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The 341 Meeting of Creditors
Approximately 30 to 45 days after filing, you will attend the 341 Meeting, named after the section of the Bankruptcy Code. This is not a court hearing before a judge; rather, it is a meeting with the Bankruptcy Trustee. The Trustee will ask questions under oath regarding your assets, liabilities, and the accuracy of your filing. While creditors are permitted to attend, they rarely do in simple consumer cases.
Reaffirmation Agreements
If you have a secured debt, such as a car loan, and you wish to keep the asset while continuing to pay the creditor, you may sign a Reaffirmation Agreement. This "reaffirms" your legal obligation to pay that specific debt, ensuring the creditor does not repossess the vehicle as long as payments remain current.
The Discharge Injunction
The ultimate goal of bankruptcy is the Discharge Injunction. This is a permanent court order that releases you from personal liability for discharged debts. It legally prohibits creditors from ever taking any action to collect those debts again.
Impact on Credit Reports
While many fear the stigma of bankruptcy, Chapter 7 often has a positive impact on credit reports in the long run. By eliminating high debt-to-income ratios and stopping the cycle of late payments, your credit score can begin to recover immediately. Most filers see a significant score increase within 12 to 24 months of their discharge, provided they practice responsible credit habits.
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Foreclosure Attorney in Titusville, FL
Florida is a judicial foreclosure state. This means a lender cannot simply seize your home; they must file a lawsuit in the Brevard County Circuit Court and obtain a judge's signature to sell the property.
The Complaint and Elements of Proof
The process begins when the bank files a Complaint and serves you with a Summons. To win, the bank must prove specific elements, including:
- Standing: The bank must prove it owns the note and has the legal right to sue.
- Default: Evidence that you missed payments.
- Conditions Precedent: Proof that they sent the required "Notice of Default" or "Acceleration Letter" before filing the lawsuit.
The Answer and Common Defenses
You have 20 calendar days from the date of service to file a written Answer. Failure to respond can result in a default judgment. Common defenses we assert include:
- Lack of Standing: The bank cannot produce the original note or a proper chain of assignments.
- Failure to Give Notice: The lender failed to send a proper 30-day notice of default as required by the mortgage contract.
- Unclean Hands: The bank engaged in fraudulent or predatory behavior.
- Statute of Limitations: The bank waited too long to file after the initial default.
Mediation and Mortgage Modification
In many Brevard County cases, the court may order mediation. This is a formal meeting where you and the bank's representative attempt to reach a settlement, such as a Mortgage Modification. A modification can lower your interest rate, extend the loan term, or move arrears to the end of the loan to make payments affordable again.
Short Sales and Trials
If you cannot afford the home and want to avoid a deficiency judgment, a Short Sale allows you to sell the home for less than what is owed, with the bank's permission. If a settlement cannot be reached, the case proceeds to Trial, where a judge (not a jury) will hear evidence and decide whether the foreclosure should proceed.
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Winning vs. Losing the Foreclosure Case
- If the Homeowner Wins: The case is dismissed. While the debt may still exist, the bank must often start the process over, giving you more time to modify the loan or sell the property.
- If the Homeowner Loses: The judge enters a Final Judgment of Foreclosure and sets a sale date. In Brevard County, the sale is typically held by the Clerk of Court via an online auction within 20 to 35 days.
Why Choose a Titusville Attorney?
Local expertise matters. We are familiar with the specific procedures of the Eighteenth Judicial Circuit in Viera and Titusville. Whether you are looking for the Brevard County Clerk of Court to stop a sale date or need to file a petition in the U.S. Bankruptcy Court for the Middle District of Florida, our firm is here to protect your rights.
Contact our Titusville bankruptcy and foreclosure defense team today to schedule a consultation and take the first step toward financial freedom.
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Frequently Asked Questions
1. How do I qualify for Chapter 7 bankruptcy in Titusville?
To qualify for Chapter 7 in late 2025, you must pass the Florida "Means Test." As of November 1, 2025, the median income threshold for a single person in Florida is $68,085, and for a family of four, it is $111,819. If your household income is below these levels, you typically qualify automatically. If it is higher, you may still qualify if your disposable income is low after deducting IRS-approved living expenses.
2. Can filing for bankruptcy stop a foreclosure sale in Brevard County?
Yes. When you file for bankruptcy, an "Automatic Stay" is immediately issued by the court. This legal injunction halts all collection actions, including scheduled foreclosure auctions by the Brevard County Clerk of Court, giving you time to reorganize your finances.
3. What is the difference between Chapter 7 and Chapter 13?
Chapter 7 is a "liquidation" bankruptcy that typically discharges unsecured debts like credit cards in 4–6 months. Chapter 13 is a "reorganization" that involves a 3- to 5-year repayment plan, allowing you to catch up on missed mortgage or car payments while keeping your assets.
4. Will I lose my home if I file for bankruptcy in Florida?
Not necessarily. Florida offers a robust homestead exemption that protects the full value of your primary residence, provided you have lived in the state for at least 40 months. In Chapter 13, you can keep your home even if you are behind on payments by "curing" the arrears through your repayment plan.
5. How long do I have to respond to a foreclosure summons in Brevard County?
You have exactly 20 calendar days from the date you are served with the summons and complaint to file a written "Answer" with the Brevard County Clerk. Failure to respond within this window can lead to a default judgment, allowing the bank to fast-track the foreclosure.
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6. What are the requirements for credit counseling in 2025?
Florida law requires two courses: one pre-filing credit counseling session (completed within 180 days before filing) and one pre-discharge financial management course. These can typically be completed online or by phone for a small fee.
7. What happens at the 341 Meeting of Creditors?
Roughly 30 to 45 days after filing, you will attend a meeting with your Bankruptcy Trustee. You will be asked questions under oath about your assets and the information in your petition. While it is called a "Meeting of Creditors," creditors rarely attend simple consumer cases.
8. Can I modify my mortgage during a foreclosure lawsuit?
Yes. Many homeowners in Titusville pursue a Mortgage Modification while defending a foreclosure. In Brevard County, you can request court-ordered mediation to meet with the lender and attempt to negotiate more affordable loan terms.
9. How long does a bankruptcy stay on my credit report?
A Chapter 7 bankruptcy remains on your credit report for 10 years, while a Chapter 13 remains for 7 years. However, many filers see their credit scores begin to improve within 12 to 24 months as they eliminate debt and rebuild with new, positive credit history.
10. What is a "reaffirmation agreement"?
A reaffirmation agreement is a contract you sign during bankruptcy to remain legally liable for a specific debt, such as a car loan, in exchange for keeping the asset. This ensures the creditor does not repossess the property as long as you continue making payments.
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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, Palm Bay, Rockledge, Satellite Beach, Indian Harbour Beach, Indialantic, Merritt Island, and Port Saint John.
