The automatic stay can stop a foreclosure
The moment a bankruptcy case is filed, the automatic stay (11 U.S.C. § 362) generally halts collection actions — including a pending foreclosure sale. It is one of the most powerful tools in the law for buying time, though a lender can ask the court for relief from the stay.
Florida's homestead exemption
Florida protects homestead property from most creditors under the Florida Constitution (Art. X, § 4), with no dollar cap on value (subject to acreage limits and timing rules). In bankruptcy, exemptions under 11 U.S.C. § 522 determine what you keep — and Florida's homestead is one of the strongest in the country. The details (residency timing, acreage) matter and are easy to get wrong.
Chapter 7 vs. Chapter 13
In Chapter 13, many homeowners cure mortgage arrears over a repayment plan and keep the home. In Chapter 7, a trustee may liquidate non-exempt assets, but a protected homestead is often kept. Which path fits depends entirely on your finances and goals.
Selling a home during bankruptcy
Selling real property in an active case generally requires court and trustee approval (11 U.S.C. § 363). We can make a cash offer and coordinate with your bankruptcy attorney and trustee so nothing is done out of order — but your attorney must direct every step. See selling a house during bankruptcy.
A note from Chris: I’m Chris Moore, and I’m not a lawyer — this is not legal advice. It’s general information my team researched from the official sources cited on this page (the Florida Statutes and the references listed below), and laws change. For help with a specific legal matter you should talk to a licensed attorney. Need a good one? Reach out to me here and I’ll gladly share my references.
Frequently Asked Questions
Does filing bankruptcy stop a foreclosure?
Filing triggers the automatic stay (11 U.S.C. § 362), which generally halts a foreclosure, at least temporarily. The lender can ask the court to lift the stay.
Will I lose my house if I file bankruptcy in Florida?
Not necessarily. Florida's homestead exemption (Art. X, § 4; 11 U.S.C. § 522) protects homestead from most creditors, and Chapter 13 often lets you cure arrears and keep the home.
Can I sell my house while in bankruptcy?
Usually only with court and trustee approval (11 U.S.C. § 363). We coordinate with your attorney and trustee.
Should I file bankruptcy or sell?
That's a decision for you and a bankruptcy attorney. We can run the sale numbers in parallel so you have full information.