If you are a resident of Melbourne, Palm Bay, Titusville, or anywhere on the Space Coast, medical bills and credit card debt don’t have to define your future. Chapter 7 bankruptcy is a powerful legal tool designed to wipe the slate clean.
Below are 20 frequently asked questions for Brevard County residents looking for financial relief in 2025.
1. What exactly is Chapter 7 bankruptcy?
Chapter 7 is known as "liquidation" bankruptcy. It allows individuals to discharge (eliminate) most unsecured debts, such as credit card balances and medical bills, typically within four to six months.
2. Do I qualify for Chapter 7 in Florida?
Qualification is based on the Means Test. In 2025, if your household income is below the Florida median for your family size, you likely qualify. If it is higher, a detailed analysis of your expenses will determine if you have enough "disposable income" to pay creditors instead.
3. Which cities in Brevard County do you serve?
We provide bankruptcy services to all residents across the Space Coast, including:
North Brevard: Titusville, Mims, Port St. John.
Central Brevard: Cocoa, Rockledge, Merritt Island, Viera.
South Brevard: Melbourne, Palm Bay, West Melbourne, Malabar, Grant-Valkaria.
Beachside: Cape Canaveral, Cocoa Beach, Satellite Beach, Indian Harbour Beach, Indialantic, and Melbourne Beach.
4. Will I lose my home if I file in Brevard County?
Florida offers one of the strongest homestead exemptions in the country. If you have owned your home for at least 1,215 days (roughly 40 months), your primary residence is generally 100% protected, regardless of value, provided it is on less than half an acre within a city (like Cocoa) or 160 acres in unincorporated areas.
5. Can I keep my car?
Under Florida law, you can exempt up to $5,000 in equity in a single motor vehicle. If you are filing jointly with a spouse, you may be able to double certain exemptions.
6. Where is the bankruptcy court for Brevard County?
Brevard County is part of the Middle District of Florida, Orlando Division. While your paperwork is filed through the Orlando court system, most hearings are currently conducted virtually.
7. Do I have to go to court in Orlando?
Most Chapter 7 filers never have to step foot in a courtroom. As of late 2025, the mandatory "Meeting of Creditors" (341 meeting) is typically held via Zoom or telephone, allowing you to attend from your home in Palm Bay or Satellite Beach.
8. What is the "Automatic Stay"?
The moment you file your petition, an automatic stay goes into effect. This is a legal injunction that immediately stops all collection actions, including phone calls, lawsuits, and wage garnishments.
9. Can Chapter 7 stop a wage garnishment in Melbourne?
Yes. The automatic stay halts most garnishments immediately. If a creditor is currently taking money from your paycheck, filing for Chapter 7 can provide instant relief.
10. What is the "Wildcard Exemption"?
If you do not use the homestead exemption (for example, if you rent your home in Merritt Island), you can claim a $4,000 "wildcard" exemption to protect any personal property of your choice, such as cash in the bank or a second vehicle.
11. Are medical bills dischargeable?
Yes. Chapter 7 is highly effective at eliminating medical debt. This is often the primary reason residents in Titusville and West Melbourne seek bankruptcy relief.
12. Can I get rid of IRS tax debt?
Generally, no. Most recent tax debts are not dischargeable. However, some older income tax debts may qualify if they meet specific timing requirements.
13. Will bankruptcy clear my student loans?
Discharging student loans is very difficult and requires proving "undue hardship" in a separate legal action. For most filers, student loans will remain after the Chapter 7 case is closed.
14. How long does the process take?
A typical Chapter 7 case in the Orlando Division takes about 4 to 6 months from filing to the final discharge of debt.
15. Will everyone know I filed for bankruptcy?
Bankruptcy is a public record, but it is not typically published in local newspapers like the Florida Today. Unless someone specifically searches the federal court records (PACER), they are unlikely to find out.
16. What happens at the 341 Meeting of Creditors?
You will meet with a court-appointed trustee (usually via Zoom) who will verify your identity and ask basic questions about your assets and financial history. Creditors are allowed to attend, but they rarely do.
17. Can I file for Chapter 7 more than once?
Yes, but there are time limits. You can only receive a Chapter 7 discharge once every 8 years.
18. Does filing for bankruptcy ruin my credit forever?
No. While a Chapter 7 remains on your credit report for 10 years, many people see their credit scores start to rise within 12 to 18 months because their debt-to-income ratio has improved so significantly.
19. What if I am not a U.S. Citizen?
You do not need to be a U.S. citizen to file for bankruptcy, but you must have a valid Social Security Number or Individual Taxpayer Identification Number (ITIN) and reside or have property in the U.S..
20. Why do I need a local Brevard County bankruptcy attorney?
Every jurisdiction has unique local rules. An attorney who understands the Orlando Division trustees and Florida-specific exemptions ensures your assets are fully protected and your case moves through the system without costly delays.
Ready for your fresh start? Contact a local Brevard County bankruptcy attorney today for a free consultation. Whether you are in Viera, Indialantic, or Palm Shores, help is just a phone call away.