Melbourne Bankruptcy Attorney

Compassionate Legal Support in Brevard County & Central Florida

Debt collection calls, a pending foreclosure, or a wage garnishment notice signal a legal deadline, not just a financial one. Bankruptcy filed under Title 11 of the U.S. Bankruptcy Code exists to stop those actions and give Brevard County residents a structured path back to financial stability. Mann Law files Chapter 7 and Chapter 13 cases through the U.S. Bankruptcy Court for the Middle District of Florida, Orlando Division, the court with jurisdiction over Melbourne, Palm Bay, Rockledge, Titusville, and the rest of Brevard County.

Request a free initial consultation with a Melbourne bankruptcy lawyer at Mann Law by calling (321) 461-5482 or connecting with us online.

Serving Brevard County Under the Middle District of Florida

Melbourne sits in Brevard County, part of the Orlando Division of the U.S. Bankruptcy Court for the Middle District of Florida. Before a bankruptcy case is filed, foreclosure and wage garnishment actions against Brevard County residents typically proceed through the 18th Judicial Circuit Court. Filing a bankruptcy petition triggers the automatic stay under 11 U.S.C. 362, which halts those state court proceedings the moment the case is entered on the federal docket, including pending foreclosure actions and wage garnishment orders already in motion.

How the Means Test Decides Chapter 7 Eligibility

Chapter 7 eligibility is governed by the means test under 11 U.S.C. 707(b), which compares household income against the Florida median for a household of the same size. When income falls under that threshold, the case proceeds without further means test analysis. When income exceeds it, the calculation shifts to allowed monthly expenses and disposable income projected over 60 months.

A missed pay stub or an unreported source of income can shift a filer from Chapter 7 into Chapter 13 territory. Intake at Mann Law starts with a full accounting of income, assets, and monthly obligations before a chapter is recommended.

What Florida's Homestead and Wildcard Exemptions Protect

Florida is one of a small number of states with an unlimited value homestead exemption. Under Article X, Section 4 of the Florida Constitution, a filer's primary residence is protected regardless of equity, though protected acreage is capped at half an acre inside Melbourne's municipal boundaries and 160 acres in unincorporated Brevard County.

Filers who do not claim the homestead exemption can instead use Florida's wildcard exemption under Florida Statute 222.25(4), which protects up to 4,000 dollars in personal property, doubled to 8,000 dollars for a married couple filing jointly. Choosing between homestead and wildcard protection depends on home equity, vehicle value, and what other property is at stake. Getting that election wrong can cost a filer property that should have stayed protected.

What Happens at the 341 Meeting of Creditors

Every Chapter 7 and Chapter 13 filer attends a 341 meeting of creditors, named for the U.S. Bankruptcy Code section requiring it. The meeting is run by the case trustee, not a judge, and confirms the accuracy of the filed schedules under oath. Creditors may attend and ask questions, though in most Brevard County consumer cases none appear.

Filers who arrive with matching pay stubs, tax returns, and bank statements move through the meeting in minutes. Filers with unexplained deposits or missing paperwork are often continued to a second date.

The Automatic Stay Stops Collection the Day You File

The automatic stay under 11 U.S.C. 362 takes effect the moment a petition is filed, not when creditors are formally notified. It halts wage garnishment, pauses a scheduled foreclosure sale, and stops collection calls and lawsuits already in progress. Creditors who continue collecting after being notified of the filing risk sanctions for violating the stay. Filers facing a garnishment order or a foreclosure sale date should treat the stay's timing as the reason to file before that date, not after.

Chapter 7 or Chapter 13: Which Fits a Brevard County Filer

Chapter 7 discharges most unsecured debt, typically within four months, and works best for filers who pass the means test and hold limited nonexempt property. Chapter 13 restructures debt into a three to five year repayment plan under 11 U.S.C. 1325 and fits filers with income above the median, a mortgage arrearage to cure, or nonexempt assets they want to keep. Both stop collection actions immediately. Both use the same Florida exemption rules. The difference comes down to income, assets, and what a filer is trying to protect.

Attorney David Mann: Brevard County Roots, Insurance-Defense Background

David Mann spent his early career defending insurance companies before founding Mann Law, giving him insight into how creditors and their counsel evaluate a debtor's filing. He was named a New York Times Power Lawyer and recognized in 40 Under 40. Every case at Mann Law is handled directly by Mann, not passed to support staff, and every client works with the same attorney from intake through discharge. Mann has lived in Brevard County his entire life.

Start Your Free Consultation With a Melbourne Bankruptcy Lawyer

Contact Mann Law at (321) 461-5482 for a phone, in-person, or virtual consultation. Bring recent pay stubs, a list of debts, and your most recent tax return to make the first call as useful as possible.