West Melbourne Bankruptcy & Foreclosure Defense Attorney | Serving All of Brevard County, FL

Welcome to the Bowin Law Group website.  If you're reading this, you've probably found yourself in a financial hole, whether it's overwhelming credit card debt or the foreclosure of your home.  You're the reason I formed the Bowin Law Group.

My name is Beau Bowin.  My dedication to bankruptcy and foreclosure defense was inspired by a family member’s personal struggle with debt and the potential loss of their home. Observing the financial barriers that often prevent individuals from obtaining quality counsel, I focused my practice on providing accessible, high-level representation for those needing Chapter 7 relief or a strategic defense against foreclosure.

My professional work in Brevard County has been recognized by several prominent legal organizations. Between 2010 and 2014, I was repeatedly selected as a "Rising Star" by Florida Super Lawyers, a Thomson Reuters publication that honors only 2.5% of attorneys nationwide. I am among a select few practitioners in the West Melbourne area to receive this peer-nominated distinction. Additionally, I hold a perfect 10/10 rating on Avvo, reflecting my commitment to excellence and client service within the local legal community

At Bowin Law Group, we provide aggressive, compassionate legal representation designed to help you reclaim your financial life. Whether you are seeking a fresh start through Chapter 7 or Chapter 13 bankruptcy or need a strategic foreclosure defense to save your Brevard County home, we are here to guide you every step of the way.  We are Brevard's Hometown Bankruptcy and Foreclosure Defense Law Firm.

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Bankruptcy: A Path to Financial Renewal in 2025

Bankruptcy is often misunderstood as a sign of failure. In reality, it is a powerful federal legal tool established under the U.S. Bankruptcy Code specifically to help honest individuals and businesses eliminate or restructure debt. In today's economy, bankruptcy provides a vital "fresh start" by stopping the cycle of late fees, interest, and creditor harassment.

The Immediate Relief of the Automatic Stay

The moment your bankruptcy petition is filed with the court, a legal shield known as the Automatic Stay goes into effect. This is one of the most powerful aspects of bankruptcy law. It legally mandates that all collection activities must stop immediately. This includes:

• Halting Foreclosure Sales: Even if a sale is scheduled for next week at the Brevard County Clerk's office, the stay can stop it.
• Stopping Wage Garnishments: Your paycheck belongs to you again, not your creditors.
• Ending Creditor Harassment: Collection calls, letters, and lawsuits must cease instantly.
• Preventing Repossessions: The stay can stop a repo agent from taking your vehicle.

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Chapter 7 vs. Chapter 13: Choosing Your Solution

Not all bankruptcies are the same. The best chapter for you depends on your income, your assets, and your specific goals—such as whether you want to quickly eliminate debt or catch up on a mortgage.

Chapter 7 Bankruptcy (Liquidation)

Often called "straight" bankruptcy, Chapter 7 is designed to discharge most unsecured debts like credit card balances, medical bills, and personal loans.

• How it Works: A court-appointed Trustee oversees the case. While Chapter 7 bankruptcy is technically a "liquidation," Florida’s robust exemption laws (discussed below) mean that most Brevard County residents keep all of their essential property.
• Timeline: Most Chapter 7 bankruptcy cases are completed in four to six months.
• Eligibility: You must pass a "Means Test," which compares your income to the Florida median. If your income is too high, you may be required to file for Chapter 13 bankruptcy instead.

Chapter 13 Bankruptcy (Reorganization)

Chapter 13 bankruptcy is a powerful tool for homeowners facing foreclosure. Instead of liquidating, you propose a 3-to-5-year repayment plan to pay back a portion of your debt.

• Save Your Home: Chapter 13 bankruptcy allows you to "cure" mortgage arrears over time. You can pay back the missed payments through your plan while continuing to make your regular monthly mortgage payments.
• Debt Restructuring: You may be able to reduce payments on other debts, such as car loans, and pay only a fraction of what you owe to unsecured creditors.
• Protection of Non-Exempt Assets: If you have property that isn't covered by exemptions, Chapter 13 bankruptcy allows you to keep it by paying its value through your plan.

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Protecting Your Property: Florida Exemptions in 2025

Florida is an "opt-out" state, meaning residents must use Florida’s specific state exemptions rather than federal ones. These laws are some of the most generous in the country, but they require a skilled attorney to navigate effectively.

The Famous Florida Homestead Exemption

Your primary residence in West Melbourne, Palm Bay, or anywhere in Brevard County may be entirely protected from creditors. To claim the full, unlimited value exemption in 2025, you must:

• Have owned the property for at least 1,215 days (approximately 3.3 years).
• The property must be your primary residence.
• Acreage limits apply: Up to 0.5 acres within a municipality (like Melbourne city limits) or 160 acres in unincorporated areas. 

Motor Vehicle Exemption (Increased in 2024/2025)

A major victory for Florida residents occurred recently: the motor vehicle exemption has been significantly increased.

• New Limit: As of July 1, 2024, you can now protect up to $5,000 in equity in a single motor vehicle. Previously, this limit was only $1,000.
• Joint Filers: Married couples filing jointly can protect up to $10,000 in equity if both names are on the titles or they own separate vehicles. 

Personal Property and the "Wildcard" Exemption

• Personal Property: You can exempt up to $1,000 in personal belongings, such as furniture, appliances, and electronics.
• The Wildcard Exemption: If you do not claim the homestead exemption (for example, if you rent your home), you can claim an additional $4,000 "wildcard" exemption. This can be applied to any property, including cash in a bank account or additional vehicle equity. 

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The Bankruptcy Process: What to Expect

Reaffirmation Agreements

If you have a car loan or mortgage you wish to keep, you may sign a Reaffirmation Agreement. This is a legally binding contract that essentially removes that specific debt from the bankruptcy discharge. You agree to remain personally liable for the debt in exchange for keeping the asset.

The 341 Meeting of Creditors

Approximately 30 to 45 days after filing, you will attend the 341 Meeting. This is a brief, informal hearing where the Bankruptcy Trustee asks you questions under oath about your assets and the information in your petition. Creditors are invited to attend but rarely do. We prepare you thoroughly for this meeting and attend it by your side.

The Discharge and Your Credit Report

The goal of every case is the Discharge Order, which legally releases you from the obligation to pay back the covered debts.

• Credit Impact: While bankruptcy remains on your credit report for 7 to 10 years, many clients see their scores begin to recover within 12 to 24 months as their debt-to-income ratio improves and they begin making timely payments on new accounts.

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Foreclosure Defense Attorney in West Melbourne, FL

Florida is a judicial foreclosure state. This means your lender cannot simply seize your home; they must sue you in a Brevard County court. This process gives you a window of opportunity to fight back.

The Complaint and Summons

The legal process begins when you are served with a Foreclosure Complaint and a Summons. This is the most critical stage. In Florida, you have only 20 calendar days to file a formal, written response with the court. If you fail to respond, the court will likely enter a Default Judgment, leading to an expedited sale of your home. 

Strategic Defenses for Homeowners

We investigate every detail of your loan to identify potential defenses, such as:

• Lack of Standing: Proving the bank does not actually own the promissory note.
• Failure to Provide Notice: Arguing the lender failed to send the required "Notice of Default" letters before filing suit.
• Incorrect Debt Amounts: Challenging the bank's calculations of interest, fees, and principal.
• Chain of Title Issues: Identifying breaks in the transfer of your mortgage between different banks. 

Loan Modification and Alternatives

While we defend the lawsuit, we often simultaneously pursue a Loan Modification. This involves negotiating with your lender to change the terms of your mortgage—such as lowering the interest rate or extending the loan term—to make your monthly payments affordable again. Other options include:

• Short Sales: Selling the home for less than what is owed with the bank's permission.
• Deed in Lieu of Foreclosure: Handing over the deed to the bank to avoid a formal foreclosure on your record.

Trial and the Foreclosure Sale

If a settlement is not reached, the case may proceed to Trial. If the lender prevails, the judge will enter a Final Judgment of Foreclosure and set a Foreclosure Sale Date, usually 20 to 35 days later. Even at this final stage, options like filing for Chapter 13 bankruptcy can trigger the Automatic Stay and stop the sale, providing one last chance to save your home. 

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Why Choose a Local West Melbourne Foreclosure Attorney?

Navigating the Brevard County court system requires local insight. Whether your case is heard at the Moore Justice Center in Viera or the Melbourne Courthouse, we understand the local procedures, the judges, and the trustees involved.

Don't wait until the sheriff is at your door. Contact our West Melbourne office today for a confidential consultation. We serve all of Brevard County, including Palm Bay, Melbourne, Titusville, and the Beaches

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Frequently Asked Questions (FAQs)

• How long does Chapter 7 bankruptcy take in Florida?
  A typical Chapter 7 bankruptcy case lasts approximately four to six months from filing to discharge.
• Can I keep my car in a Florida bankruptcy?
  Yes, if your equity is under $5,000 (as of 2025) or if you use the wildcard exemption to cover additional equity.
• Does filing for bankruptcy stop a foreclosure sale?
  Yes, the Automatic Stay immediately halts foreclosure proceedings, even if a sale is already scheduled.
• What is the "20-Day Rule" in Florida foreclosure?
  Once served with a foreclosure summons, you have exactly 20 calendar days to file a formal written response with the court or risk a default judgment.
• Will I lose my retirement accounts in bankruptcy?
  Most ERISA-qualified pensions, 401(k)s, and IRAs are fully protected under Florida law and cannot be taken by creditors.
• What is a 341 Meeting?
  Also known as the "Meeting of Creditors," it is a mandatory meeting where the Bankruptcy Trustee asks you questions under oath about your finances.
• Can I file bankruptcy without my spouse?
  Yes, an individual can file for bankruptcy without their spouse. However, the non-filing spouse's income may still be factored into the "Means Test".
• What is a Reaffirmation Agreement?
  It is a contract where you agree to remain liable for a debt (like a car loan) to keep the asset after the bankruptcy is over.  They are not typically recommended, since you can usually keep your vehicle even without reaffirming your debt.
• How long does bankruptcy stay on my credit report?
  Chapter 7 bankruptcy remains for 10 years, and Chapter 13 remains for 7 years.  But your credit score starts to rebound immediately, with a typical increase of 100 - 150 points in the first year.  Chapter 7 bankruptcy is one of the quickest ways to repair your credit.  Read our Blog Post for more information.
• What happens at a foreclosure sale?
  The property is auctioned by the Clerk of Court. The lender can bid up to the judgment amount, and third parties can bid to acquire the title.

The Bowin Law Group is Brevard's Hometown Law Group, servicing Melbourne, Palm Bay, Viera, Rockledge, Cocoa, Merritt Island, Cocoa Beach, Cape Canaveral, Satellite Beach, Indian Harbour Beach, Indialantic and Melbourne Beach, FL.