Last updated October 21, 2026
Selling a House in a Florida Bankruptcy: Chapter 13, Chapter 7 and After
Short answer: You can sell a house during or after a bankruptcy in Florida, but who decides depends on the chapter. In Chapter 13 you sell and the court approves the sale. In Chapter 7 the trustee decides whether property that is not exempt is sold. After the case closes you sell like any owner, with remaining liens paid at closing.
Confidential
Tell Gia about the property in the case
Share what you know about the house or condo and where the case stands. Gia reviews it personally, replies within one business day, and keeps it confidential. Questions about the bankruptcy itself stay with your bankruptcy attorney.
All five counties we serve, Miami-Dade, Broward, Palm Beach, Martin and St. Lucie, are in the Southern District of Florida. Start with your bankruptcy attorney; we handle the real estate.
Key takeaways
- Chapter 13: a sale outside the ordinary course needs notice to creditors and a court order (11 U.S.C. 1303, 363(b)).
- Chapter 7: the trustee hires a broker only with court approval and sells non-exempt property after notice.
- After the case closes: no court approval, but recorded liens are paid from the sale.
- Florida homestead has no dollar limit within the acreage limits; a federal cap applies to recent purchases.
- We list and sell the property, coordinate with your attorney and the trustee, and never prepare court papers. We never pay attorneys or trustees for referrals.
Informational purposes only. This is not legal or tax advice and no attorney-client relationship is created by reading it. PBP Real Estate, LLC is a licensed Florida real estate brokerage (License CQ1064615), not a law firm. We list and sell real estate; we do not advise on debts, on whether or how to file, on exemptions or on the bankruptcy case itself. Ask your bankruptcy attorney about your situation.
Can you sell a house while in bankruptcy in Florida?
Usually, yes, but rarely on your own say-so. Filing a bankruptcy case places your property under the court's supervision. Who can sell, and on whose approval, depends on the chapter and on where the case stands. This table is the short version; each page goes deeper.
| Where you are | Who decides on a sale | Read |
|---|---|---|
| In a Chapter 13 plan | You sell; the bankruptcy court approves the sale | Selling a house during Chapter 13 |
| In a Chapter 7 case | The Chapter 7 trustee decides whether non-exempt property is sold | When a Chapter 7 trustee sells |
| Case closed or discharged | You, as owner; liens are paid at closing | Selling after bankruptcy |
| Trustee or attorney with a property | The court approves our employment and the sale | For trustees and attorneys |
The bankruptcy home sale flowchart shows each path step by step, from the first conversation with your attorney to the closing.
Which court and trustee handle my case?
The Southern District of Florida, in one of three divisions. Chapter 13 cases have a standing trustee for each division; Chapter 7 trustees are assigned case by case.
| County of the property | Bankruptcy court division | Chapter 13 standing trustee |
|---|---|---|
| Miami-Dade | Miami | Nancy K. Neidich |
| Broward | Fort Lauderdale | Robin R. Weiner |
| Palm Beach | West Palm Beach | Robin R. Weiner |
| Martin | West Palm Beach | Robin R. Weiner |
| St. Lucie | West Palm Beach | Robin R. Weiner |
Source: U.S. Bankruptcy Court for the Southern District of Florida (flsb.uscourts.gov) and the U.S. Trustee Program, Region 21 (justice.gov/ust), checked October 20, 2026. Chapter 7 trustees are assigned case by case from a panel; your notice of the meeting of creditors names yours.
How does the Florida homestead exemption affect a sale?
It often decides whether a Chapter 7 trustee sells the house at all. Florida's constitution protects a homestead with no dollar limit, up to one-half acre inside a municipality or 160 acres outside one. Federal law caps that protection at $214,000 for a home acquired within 1,215 days before filing, for cases filed from April 1, 2025 to March 31, 2028, with exceptions (11 U.S.C. 522(p)). After a sale, Florida courts protect homestead proceeds only when the owner intends in good faith to reinvest them in a new Florida homestead within a reasonable time and keeps them separate (Orange Brevard Plumbing & Heating Co. v. La Croix, 137 So. 2d 201 (Fla. 1962)).
Whether your home qualifies, and how much is protected, are legal questions. Your bankruptcy attorney answers them; we do not.
What does PBP Real Estate do in a bankruptcy sale, and what not?
We sell the real estate and document it for the court. That means a written opinion of value prepared by hand by Gia Freer from current Beaches MLS closings, a listing that says the sale is subject to court approval when your attorney wants it, marketing to the widest pool of buyers, a dated log of every offer, and a contract with the court-approval contingency your attorney provides. On a trustee's sale, it starts only after the court approves our employment.
We do not prepare motions, schedules, plans or orders, we do not advise on debts or exemptions, and we never mention your bankruptcy in our marketing. Your reason for selling is confidential under Florida law. Gia and Grant Freer have closed 767 transactions and $203,762,527 since 2000, 671 of them since 2013 (Beaches MLS, agent production report, as of October 19, 2026).
What should you have ready before you call?
The property address, your chapter, and your attorney's name. If you have them, the case number and the trustee's name help too. We never ask for Social Security numbers, account numbers or how much you owe. Attorneys and trustees can use the same form or call directly; the bankruptcy property information form takes about two minutes.
Related
- Selling a house during Chapter 13 in Florida
- Selling a house in Chapter 7: when the trustee sells
- Selling a house after bankruptcy
- For bankruptcy trustees and attorneys
- The bankruptcy home sale, step by step
- Short sales in South Florida
Have Gia review the property
Tell us about the house and where the case stands. Gia Freer, our Broker of Record, reviews it personally and replies within one business day. No automated estimate is produced, and what you share stays confidential.
Have Gia review the property or call (561) 395-8418. Prefer to read first? See how we price a home.
General information from a licensed Florida real estate brokerage; it is not legal or tax advice. Ask your bankruptcy attorney about your case. We never pay attorneys or trustees for referrals.
Bankruptcy home sales: questions and answers
Which bankruptcy court handles a house in Palm Beach County?
The U.S. Bankruptcy Court for the Southern District of Florida, West Palm Beach division, which also handles Martin and St. Lucie. Broward cases are in the Fort Lauderdale division and Miami-Dade cases in the Miami division.
Should I talk to my bankruptcy attorney before listing my house?
Yes, every time. Whether you can sell, who signs, whether the court must approve the sale and what happens to the money all depend on your chapter, your plan and your exemptions. Those are your attorney's answers. Once you have them, we handle the real estate.
Can a real estate broker give me advice about my bankruptcy?
No. A broker can price, market and sell the property and explain how the real estate side of a court-approved sale works. Whether to file, which chapter, what is exempt and how a sale affects your case are legal questions for a bankruptcy attorney.
Is a bankruptcy sale the same as a short sale?
No. A short sale is a sale for less than the mortgage balance with the lender's consent. A bankruptcy sale is any sale that needs the bankruptcy court's approval. A sale can be both, in which case it needs the lender's consent and the court's order.
Does PBP Real Estate pay attorneys or trustees for referrals?
No. We never pay attorneys or trustees for referrals, and nothing of value changes hands with them for a referral or an employment.
Sources and legal references
This page summarizes federal bankruptcy law, Florida law and court procedure for property owners. The primary sources are below; for your own case, rely on your bankruptcy attorney.
- 11 U.S.C. 363: Use, sale, or lease of property — Legal Information Institute, Cornell Law School
- 11 U.S.C. 1303: Rights and powers of a Chapter 13 debtor — Legal Information Institute, Cornell Law School
- 11 U.S.C. 327: Employment of professional persons — Legal Information Institute, Cornell Law School
- 11 U.S.C. 522: Exemptions — Legal Information Institute, Cornell Law School
- Federal Rule of Bankruptcy Procedure 2002: Notices — Legal Information Institute, Cornell Law School
- Federal Rule of Bankruptcy Procedure 6004: Use, sale, or lease of property — Legal Information Institute, Cornell Law School
- Federal Rule of Bankruptcy Procedure 2014: Employing professionals — Legal Information Institute, Cornell Law School
- U.S. Bankruptcy Court, Southern District of Florida (local rules, divisions) — United States Courts
- U.S. Trustee Program, Region 21 (Southern District of Florida trustees) — U.S. Department of Justice
- Florida Constitution, Article X, Section 4: Homestead; exemptions — The Florida Senate
- Florida DBPR license record: PBP Real Estate, LLC, real estate corporation CQ1064615 — Florida Department of Business and Professional Regulation
- Florida DBPR license record: Gia Freer, real estate broker BK689801 — Florida Department of Business and Professional Regulation
- Florida DBPR license record: Grant Freer, real estate broker BK3077984 — Florida Department of Business and Professional Regulation