Start Here: What You Need to Know
Selling a house while you're in or considering bankruptcy in Florida is possible, but the rules depend on your chapter and what the trustee and court allow.
We work alongside your bankruptcy attorney and the trustee so the sale follows the rules. Always coordinate a move like this with your attorney first — this is general information, not legal advice.
Quick facts at a glance
- Chapter 7
- Liquidation; a trustee may sell non-exempt assets.
- Chapter 13
- Reorganization; you can often sell with court permission.
- Florida homestead
- Unlimited equity protection (with acreage/timing limits) on a primary residence.
- Automatic stay
- Filing pauses foreclosure, which can buy time to sell.
- Who approves a sale?
- The trustee and/or court, usually via a motion your attorney files.
- Is this legal advice?
- No — always work with your bankruptcy attorney.
Chapter 7 vs. Chapter 13
Chapter 7 (liquidation)
A trustee may sell non-exempt assets to pay creditors. Florida's generous homestead exemption often protects your primary residence's equity, but a sale during a case usually needs trustee involvement.
Chapter 13 (reorganization)
A repayment plan. You can often sell during a Chapter 13, but it typically requires a motion and the court's permission, and the proceeds may interact with your plan.
| Chapter 7 | Chapter 13 | |
|---|---|---|
| Type | Liquidation | Repayment plan |
| Can you usually sell? | With trustee involvement | Yes, with court permission |
| Homestead equity | Often protected | Often protected |
Florida's Homestead Exemption Is Powerful
Florida protects an unlimited amount of homestead equity (subject to acreage limits and timing rules) from most creditors. That can mean you keep your equity even through bankruptcy. Because the interaction between homestead, exemptions, and a sale is genuinely complex, our value is being a fast, reliable buyer your attorney can plug into the plan.
The Automatic Stay and Timing
The moment you file, an automatic stay halts most collection actions — including a pending foreclosure sale. For a homeowner days from an auction, that pause can be the difference between losing the home at a fire-sale price and arranging an orderly sale.
The stay isn't permanent — a lender can ask the court to lift it — so timing matters, and your attorney coordinates the motion to sell with the rest of the case.
Need to sell during a bankruptcy?
Give your attorney a clean offer to take to the trustee — we'll prepare it free.
Review My Options Call 904-606-9163How a Court-Approved Sale Works
- You and your bankruptcy attorney decide a sale is the right move.
- We provide a clean written offer the attorney can present to the trustee or court.
- Once approved, we close at a Florida title company on a timeline that fits the case.
- Proceeds are distributed according to the court's order and your exemptions.
Pros
- Cash closings are easy for a trustee to approve
- Fast and certain once the court signs off
- We coordinate directly with your attorney
Cons / Trade-offs
- Requires court/trustee approval — adds time
- Non-exempt equity may go to creditors
- You must have an attorney driving the case
Hidden Things About Selling in Bankruptcy
- Don't sell without telling your attorney. Selling estate property without court permission can cause serious problems.
- The automatic stay is a tool. Filing pauses foreclosure, which can create the window to arrange an orderly sale.
- Florida's homestead may save your equity. Florida protects unlimited homestead equity, so you may keep more than you'd expect.
- Trustees like cash buyers. A clean, non-contingent offer is easy to approve and unlikely to fall through.
- Timing within the plan matters. In Chapter 13, when you sell can affect your plan.
Chris Moore
"Bankruptcy sales are a team effort with your attorney. My part is simple: hand them a clean, reliable offer the trustee can approve without worrying it'll collapse."
"We're local and we're not a call center. We'll tell you honestly what your options are — including the ones that don't involve selling to us — because the right move is whatever actually protects you."
Frequently Asked Questions
Can I sell my house during Chapter 13?
Often yes, but it usually requires court permission. Your attorney files the motion; we provide the offer.
Will bankruptcy stop a foreclosure?
Filing triggers an automatic stay that pauses foreclosure, which can buy time to arrange a sale.
Do I get to keep my equity?
Florida's homestead exemption often protects primary-residence equity, but it depends on your case.
Can you buy fast enough for my case?
Yes. Cash closings can move in days once the court or trustee approves.
Is this legal advice?
No. We're a buyer, not a law firm. Always work with your bankruptcy attorney.