UrbanCiti Realty

Reviewing and signing disposition documents

How a bankruptcy filing affects a property sale

In Chapter 7, a trustee takes control of nonexempt property and may sell it for the benefit of creditors. Sales usually require notice and court approval, and buyers should expect potential overbids and an as-is transaction.

In Chapter 13, the debtor generally keeps possession of the property under a repayment plan. Selling during the plan typically requires permission from the court or trustee, and proceeds are applied as the plan or order directs.

For buyers and agents, the practical difference is who signs, who approves, and how long approval takes. For sellers, clarity about representation matters, because the trustee’s agent does not represent the debtor.

General commentary, not legal advice.