Bogin Munns & Munns provides the legal strategy required to navigate Chapter 7 and Chapter 13 bankruptcy, helping individuals and families in Volusia County achieve financial relief. For most of our clients, the decision to call us follows a sudden life event, a hospital stay, an unexpected loss of income, or a business closure, that makes previous financial commitments impossible to maintain. When the math stops working, federal bankruptcy law provides a defined, protected path to a fresh start.
Our attorneys review your income, debts, and assets to determine which chapter applies to your unique situation. We manage every step of the process, from the initial filing through your discharge or the confirmation of your repayment plan.
Call our Daytona Beach office at 386-763-2092 to schedule a free, confidential bankruptcy consultation.
Is Bankruptcy the Right Move, or Are There Other Options?
Bankruptcy makes sense when your debt has grown beyond what you can realistically repay, not just what you can afford right now. If creditors are calling daily, a garnishment notice has arrived, a foreclosure is filed, or you are choosing between medical bills and groceries, the question is not whether bankruptcy is drastic. The question is whether the alternatives are actually available.
Debt consolidation loans require qualifying credit. Debt settlement leaves you exposed to lawsuits while you save. Negotiating directly with collectors rarely produces enforceable agreements. Bankruptcy, by contrast, is a federal legal process with an automatic stay that takes effect immediately and a discharge that is legally binding.
We review every case at no charge before recommending a path. If there is a better option than bankruptcy, we will tell you.
To consult with an experienced bankruptcy lawyer serving Daytona Beach
(855) 780-9986
Social Security, Retirement Income, and the Chapter 7 Means Test
Daytona Beach and Volusia County have a large population of retirees and fixed-income residents, and this directly affects how bankruptcy eligibility works for them.
Chapter 7 requires passing a means test, which compares your income to the Florida median. Social Security income, including retirement and disability benefits, is excluded from the means test calculation under federal bankruptcy law. This means many retirees who rely primarily on Social Security can qualify for Chapter 7 even when their overall financial picture looks complicated.
If you are on a fixed income and worried that bankruptcy is not available to you, contact us before drawing that conclusion. The Social Security Administration provides information on benefit types and income at ssa.gov, and we work through how that income is treated in bankruptcy at your free consultation.
Chapter 13 and Foreclosure Defense in Daytona Beach
For homeowners and condo owners in Volusia County facing foreclosure, Chapter 13 is often the most powerful tool available.
Filing Chapter 13 triggers an automatic stay that stops a foreclosure sale immediately, regardless of how close it is. The reorganization plan then allows you to catch up on mortgage arrears over three to five years while continuing your regular monthly mortgage payments. Lenders cannot proceed with the foreclosure as long as you remain current under the plan.
This option is used frequently along the Volusia County coast, where condo owners and beachfront property holders who fell behind during an income disruption want to keep the property rather than lose it. Chapter 13 also allows you to strip a second mortgage when your home’s value does not exceed what you owe on the first mortgage, and to address back taxes and other priority debts over time rather than in lump sums.
Daytona Beach Bankruptcy Lawyer Near Me
(855) 780-9986
What Florida Law Protects When You File Bankruptcy
Florida’s bankruptcy exemptions determine what you keep, and they are among the most protective in the country. Understanding them changes the conversation about what bankruptcy actually costs you.
Florida’s key exemptions include:
- Homestead: Unlimited. Florida protects the full equity in your primary residence from creditors, provided you have owned the property for at least 1,215 days before filing.
- Retirement accounts: Fully protected. IRAs, 401(k)s, 403(b)s, and pension plans are entirely exempt.
- Motor vehicles: Up to $1,000 in vehicle equity, or more when combined with the available wildcard exemption.
- Personal property: $1,000 in personal property, or $4,000 if you are not claiming the homestead exemption.
- Head of household wages: Generally exempt from garnishment under Florida law.
For most Daytona Beach filers, these exemptions mean keeping their home, their retirement savings, and their car while eliminating the unsecured debt that made the monthly math impossible.
What the Automatic Stay Does the Day You File
Filing a bankruptcy petition in the Middle District of Florida starts the automatic stay immediately. There is no hearing. There is no waiting period. It applies from the moment the petition is filed.
The automatic stay stops wage garnishments, bank levies, foreclosure proceedings, repossession efforts, collection calls, and most ongoing civil lawsuits involving pre-petition debt. A creditor that continues collection activity after receiving notice of the bankruptcy can face court sanctions.
The U.S. Bankruptcy Court for the Middle District of Florida handles cases filed from Volusia County. Filing deadlines, trustee assignments, and the 341 meeting of creditors schedule are specific to this court and its divisions. Information on the court’s procedures is available at flmb.uscourts.gov.
Call 386-763-2092 or contact us online to stop the calls and start the process.
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Who Handles Bankruptcy at Our Daytona Beach Office
James Trammell Harper Jr., Daytona Beach Bankruptcy Lawyer
James Trammell “Tram” Harper, Jr. is a bankruptcy attorney at Bogin Munns & Munns with more than 25 years of experience focused exclusively on Chapter 7, Chapter 13, debt relief, and mortgage loan modifications for clients across Central Florida, including Volusia County.
Before joining our firm, he owned and managed multiple Central Florida bankruptcy practices and led high-volume bankruptcy teams serving hundreds of clients. He knows how Middle District of Florida trustees evaluate cases, what stops foreclosures, and how to structure repayment plans that courts confirm and clients can sustain.
Our Daytona Beach office is at 1616 Concierge Blvd, Suite 200. Consultations are free and confidential.
One client, Bob W., described working with our firm this way: “The attorney at Bogin, Munns & Munns kept me informed of what was going on with my case, and if I ever need an attorney again, I will surely give them a call.”
Past results do not guarantee future outcomes. Case results depend on individual facts and circumstances.
Ready to Talk to a Daytona Beach Bankruptcy Attorney?
If the financial situation you are in right now cannot be solved by cutting more expenses or waiting for things to improve, a free consultation will at least tell you what your options actually are. We do not pressure anyone into filing. We explain what the law allows, what your specific numbers look like, and what a bankruptcy filing would protect and resolve.
Our Daytona Beach office is at 1616 Concierge Blvd, Suite 200. We serve clients in Daytona Beach, Ormond Beach, Port Orange, New Smyrna Beach, DeLand, and throughout Volusia County.
Bogin Munns & Munns also handles personal injury, criminal defense, immigration, estate planning, real estate, employment law, and workers’ compensation from 11 offices across Central Florida, including Orlando, Melbourne, Gainesville, and beyond.
Call 386-763-2092 or contact our Daytona Beach office online for a free bankruptcy consultation.
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