Distressed Homeowner Resource Center Bankruptcy

Can You Sell a House During Bankruptcy?

Published 2026-09-13 Last reviewed 2026-09-13 By Lisa C Hamilton, REALTOR®

Act Now, Help First

You are considering selling property during an active bankruptcy. Do not sign a sale or transfer without your bankruptcy attorney. Act now, help first.

Contact the appropriate servicer, attorney, title professional or authorities immediately. Do not ignore notices or delay on the basis of an article.

Quick Answer

Potentially, but selling property during an active bankruptcy can involve substantial legal restrictions and may require bankruptcy trustee, court or attorney involvement depending on the chapter and circumstances. Do not sell or transfer property during bankruptcy without talking to your bankruptcy attorney.

Current Nevada Law: Subject to Verification

This article discusses Nevada title, deed, foreclosure, property-tax and HOA law under current Nevada law as of the last reviewed date, and it is subject to change. Nevada deed-of-trust foreclosure procedures are governed primarily by NRS Chapter 107; Nevada common-interest-community (HOA) lien and foreclosure law is governed primarily by NRS Chapter 116. Statutes, deadlines, procedures and remedies change. Always verify current Nevada law and the specific facts of your situation with a qualified Nevada attorney and title professional before acting.

DO NOT SELL OR TRANSFER PROPERTY DURING BANKRUPTCY WITHOUT TALKING TO YOUR BANKRUPTCY ATTORNEY.

Why?

The property or its equity may be part of the bankruptcy estate.

Chapter Matters

Chapter 7 and Chapter 13 can involve very different considerations.

What Lisa Needs to Know

Lisa does not need your entire personal financial history. She does need to know that bankruptcy exists, your attorney contact where authorized, whether the property can be marketed, what approvals are required, and the timing.

Don't Hide the Sale

An unauthorized property transfer can create serious problems.

Can We Still Prepare?

Potentially, Lisa may help with value, a comparative market analysis, condition, and selling strategy while legal authority is established.

Frequently Asked Questions

Can I list my home while in bankruptcy?

Potentially, but only with your bankruptcy attorney involved and any required authority established. Never market or transfer property without bankruptcy guidance.

Does the trustee need to approve the sale?

Depending on the chapter and circumstances, the trustee, court or attorney may need to be involved.

Lisa C Hamilton, REALTOR® with THE Brokerage, A Real Estate Firm®

Reviewed by

Lisa C Hamilton, REALTOR®, NV License S.168195

Lisa C Hamilton is a Las Vegas Valley REALTOR® affiliated with THE Brokerage, A Real Estate Firm®, helping buyers, sellers, investors, and relocating clients across Clark County and Greater Las Vegas. Lisa is not an attorney, escrow officer, title insurer, notary, CPA, lender, foreclosure consultant, mortgage servicer, tax adviser, bankruptcy professional, or HOA lien authority. She handles market value, listing strategy, sales timeline, seller-net analysis, as-is sale evaluation, buyer negotiation, and transaction coordination. Lenders and servicers control loan documents, assumption approval, release-of-liability, and funding procedures; escrow and title professionals control the settlement accounting, recorded title matters, and insurability; notaries perform notarization only as authorized; and attorneys and legal counsel handle powers of attorney, probate and estate authority, trust authority, entity authority, and any legal conclusions about ownership or title validity.

Bankruptcy Doesn't Automatically Mean a House Can Never Be Sold

But your bankruptcy attorney needs to be part of the plan from the beginning. Lisa can prepare the market side while legal authority is established.

Lisa C Hamilton is a Nevada REALTOR®, not an attorney, escrow officer, title insurer, notary, CPA, lender, foreclosure consultant, mortgage servicer, tax adviser, bankruptcy professional, or HOA lien authority. Nothing here is legal, tax, title, or financial advice, and no outcome is guaranteed. Always verify current Nevada law and the specific facts of your situation with a qualified Nevada attorney, title professional, escrow professional, lender, servicer, and tax adviser.