Start Here: What You Need to Know
Selling a house while you are in or considering bankruptcy in Florida is possible, but the rules depend on whether you filed Chapter 7 or Chapter 13 and what the trustee and court allow. A cash sale is often the cleanest fit because it is fast, certain, and easy for a trustee to approve.
We work alongside your bankruptcy attorney and the trustee so the sale follows the rules and any non-exempt equity is handled correctly. 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 the 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 and sometimes court approval.
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. Your attorney drives this.
| Chapter 7 | Chapter 13 | |
|---|---|---|
| Type | Liquidation | Repayment plan |
| Can you usually sell? | With trustee/court involvement | Yes, with court permission |
| Homestead equity | Often protected | Often protected |
| Speed to approve a sale | Moderate | Requires a plan-aware motion |
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, the value we add is being a fast, reliable buyer your attorney can plug into the plan — not giving legal advice. An automatic stay from filing can also pause a pending foreclosure, which sometimes creates the breathing room to arrange a sale in the first place.
How a Court-Approved Cash Sale Works
- You and your bankruptcy attorney decide a sale is the right move.
- We provide a clean written cash 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 & cons
Pros
- Cash closings are easy for a trustee to approve
- Fast and certain once the court signs off
- We coordinate directly with your attorney
- No repairs, no showings, no commissions
Cons / Trade-offs
- Requires court/trustee approval — adds time
- Non-exempt equity may go to creditors
- You must have an attorney driving the case
Need to sell during a bankruptcy?
Give your attorney a clean offer to take to the trustee — we'll prepare it free.
Get My Cash Offer Call 904-606-9163The Automatic Stay and Timing
The moment you file bankruptcy, an automatic stay goes into effect that temporarily halts most collection actions — including a pending foreclosure sale. For a homeowner days away from an auction, that pause can be the difference between losing the home at a fire-sale price and arranging an orderly sale.
Using the stay wisely
The stay buys time, but it isn't permanent — a lender can ask the court to lift it. That's why timing the sale matters, and why your attorney coordinates the motion to sell with the rest of the case. A clean cash offer in hand makes that motion easy to bring and easy for the trustee to bless.
Hidden Things About Selling in Bankruptcy
- Don't sell without telling your attorney. Selling estate property without court permission during a case can cause serious problems. Every move goes through counsel.
- The automatic stay is a tool. Filing pauses foreclosure, which can create the window to arrange an orderly sale instead of losing the home at auction.
- Florida's homestead may save your equity. Unlike many states, 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, which is exactly what a trustee wants.
- Timing within the plan matters. In Chapter 13, when you sell can affect your plan — your attorney will time the motion.
Chris Moore
"Bankruptcy sales are really 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. I stay in my lane on the legal side and just be the dependable buyer."
"We're local, we're veteran-owned, and there's no call center and no script — just a straight, honest conversation about what actually serves you, even when the right answer is not selling to us."
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 that makes approval easy.
Will bankruptcy stop a foreclosure?
Filing triggers an automatic stay that pauses foreclosure, which can buy time to arrange a sale. Talk to a bankruptcy attorney about whether it is right for you.
Do I get to keep my equity?
Florida's homestead exemption often protects primary-residence equity, but it depends on your case. Confirm with your attorney.
Can you buy fast enough for my case?
Yes. Cash closings can move in days once the court or trustee approves, which is why trustees like them.
Is this legal advice?
No. We are a cash buyer, not a law firm. Always work with your bankruptcy attorney on the legal side.