Buying a Home

Can You Buy a House While in Chapter 13? The 2026 Rules

Can You Buy a House While in Chapter 13? The 2026 Rules

Updated November 2026. Rule text read from HUD, Fannie Mae and the federal courts on November 10, 2026. General information, not legal or lending advice.

Yes, you can buy a house while in Chapter 13. As of November 2026, an FHA loan is possible once 12 months of your plan payments are made on time and the bankruptcy court gives written permission (HUD). A conventional loan sold to Fannie Mae waits 2 years after your discharge, or 4 years after a dismissal.

Looking at homes while you wait? The Beycome buyer program has no upfront fee and can credit part of the buyer-agent commission at closing, with your lender’s approval. It doesn’t change any loan rule below.

Jump to: ⏱️ Short answer · 🏛️ FHA during the plan · 📝 Court permission · 🪜 After discharge · 📅 Timeline · 🏠 Getting ready · ❓ FAQ

Key takeaways

  • FHA: 12 months of on-time plan payments, plus written permission from the bankruptcy court.
  • Fannie Mae: 2 years from a Chapter 13 discharge, with no shorter exception. A dismissal means 4 years, or 2 with documented extenuating circumstances.
  • A Chapter 13 plan runs three to five years, so FHA can come years before the conventional clock starts.
  • More than one bankruptcy in seven years means a 5-year wait for Fannie Mae.
  • VA and USDA rules aren’t quoted here. Ask the lender which rule and overlay they apply.

How long after filing bankruptcy can I buy a house?

It depends on the chapter and the loan. People often ask “how long after filing”, but most rules don’t count from the filing date. Chapter 7 rules count from the discharge. Chapter 13 is the odd one out, because FHA lets you buy while you’re still paying the plan.

Loan During Chapter 13 After a Chapter 13 discharge After a dismissal
FHA After 12 months of on-time payments, with written court permission If discharged under 2 years ago, the loan is manually underwritten Ask the lender; HUD’s answer covers discharge only
Conventional (Fannie Mae) Not until the discharge 2 years 4 years, or 2 with extenuating circumstances
Fannie Mae, 2+ bankruptcies in 7 years Not until the discharge 5 years from the most recent 5 years, or 3 with extenuating circumstances
VA or USDA Ask the lender Ask the lender Ask the lender

Sources: HUD’s FHA answer on bankruptcy (April 30, 2024) and Fannie Mae Selling Guide B3-5.3-07. Lenders can add stricter rules of their own, called overlays. Filed Chapter 7 instead? The wait starts at discharge, and our guide to buying after Chapter 7 covers the letter lenders ask for.

Can I get an FHA loan while in Chapter 13?

Yes. HUD says a Chapter 13 bankruptcy doesn’t disqualify you if at least 12 months of the payout period have passed when the lender orders the FHA case number. For those 12 months, every required payment must be on time and your record must be satisfactory.

Two more things come with it. You need written permission from the bankruptcy court to take on the mortgage. And the lender has to document that the events that led to the bankruptcy aren’t likely to happen again. A steady job, a lower debt load and a clean year of payments help tell that story.

Why would you buy mid-plan? Rent, mostly. If your plan runs five years, waiting for the discharge and then two more years for a conventional loan can mean seven years of rent. FHA can shorten that a lot, if your budget and the court both say yes.

How do I get court permission to buy a house in Chapter 13?

Start with your bankruptcy attorney or the trustee’s office, before you sign a purchase contract. The exact steps depend on your court district, so we won’t pretend there’s one form for everyone. In most cases you’ll need these pieces ready.

  1. A lender’s pre-approval that shows the price range, the payment and the loan type.
  2. A new budget showing you can pay the mortgage and keep up the plan payments.
  3. Proof of on-time plan payments for at least the last 12 months.
  4. The request to the court, filed the way your district requires, often with the trustee’s view on it.
  5. Time. Ask how long approval usually takes, and build it into the closing date.

Then write that timing into your offer. A seller who needs to close in 30 days may not wait for a court date. Our guide to choosing the right home loan explains the FHA trade-offs, like mortgage insurance, so you can compare.

How long after a Chapter 13 discharge can I buy a house?

For a conventional loan sold to Fannie Mae, 2 years from the discharge date. Fannie Mae explains why it’s shorter than Chapter 7: you’ve already spent years paying the plan. There are no exceptions to that 2-year wait.

A dismissal is different. If the case was dismissed because you couldn’t finish the plan, Fannie Mae requires 4 years from the dismissal. Documented extenuating circumstances, like a serious illness or a job loss beyond your control, can bring it down to 2 years. More than one filing in the past seven years means 5 years from the most recent discharge or dismissal, or 3 with extenuating circumstances. Two co-borrowers with one bankruptcy each don’t count as multiple filings.

Fannie Mae also says debts that weren’t wiped out must be paid or on an accepted payment plan. Our Beycome help page can I buy a home again after bankruptcy sums up both chapters in a few lines.

What does a Chapter 13 home-buying timeline look like?

The federal courts’ Chapter 13 guide says a plan runs three to five years. If your income is below your state’s median, it’s usually three years. Above the median, it’s generally five. No plan can run longer than five years.

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When What happens Home-buying option
Month 0 You file and propose a repayment plan Too early for most loans
Months 1 to 12 You make plan payments on time Build savings and a payment record
Month 12 and later 12 on-time payments are done FHA, with written court permission
Year 3 or 5 Plan ends and the court grants a discharge FHA without court permission; manual underwriting for 2 years
2 years after discharge Fannie Mae clock is met Conventional loan

Plans can change. The courts’ guide notes a plan may be modified after confirmation if your circumstances change. A modified plan can move your dates, so check with your attorney before you count on any of them. If you filed Chapter 7 instead, see the courts’ Chapter 7 guide for how that case runs.

How should I get ready to buy after bankruptcy?

Lenders read the time since the bankruptcy as a test. Use it to build a clean record.

  • Pull your credit reports and check that discharged debts show a zero balance.
  • Pay every bill and every plan payment on time. One late payment now weighs a lot.
  • Keep your petition, schedules, plan and discharge order in one folder.
  • Save for the down payment, closing costs and a small cushion.
  • Work out your debt-to-income ratio before a lender does.

The CFPB defines debt-to-income ratio as your monthly debt payments divided by gross monthly income. Its example: $2,000 of debts on $6,000 of income is 33%. Count your plan payment as a debt, since a lender will. And be patient with your score. The CFPB says bankruptcies can stay on a credit report for up to ten years. You can buy long before that, but lenders will see it.

Our guides to fixing your credit to buy a home and repairing credit to buy a house go step by step. The help page on the credit score you need to buy a house lists minimums by loan type. Buying a home in Florida? Beycome Mortgage pre-approval is one lender to compare, and you’re never required to use it.

When you’re ready to shop, the Beycome buyer program is open to every buyer on homes listed by other agents, with no upfront fee. Beycome keeps 1% of the price, minimum $1,499, and credits the rest of the buyer-agent commission at closing, with lender approval. On a $400,000 home with 3% offered, that’s $8,000 back. The 3% is an example only. Commissions are not set by law or NAR rules and are negotiable, sellers choose whether to offer buyer-agent compensation, and those offers can’t be shown on the MLS since August 17, 2024.

The credit can’t apply where no buyer-agent commission is offered, like most FSBO homes, or on homes listed by Beycome sellers. It’s not offered in Alabama or Tennessee, where state law doesn’t allow it.

Buying a house in or after Chapter 13: questions

Can you buy a house while in Chapter 13?

Yes, with an FHA loan, once 12 months of plan payments are made on time and the bankruptcy court gives written permission, per HUD. Conventional loans wait for the discharge.

How long after filing bankruptcy can I buy a house?

It depends on the chapter and loan. FHA allows a purchase 12 months into a Chapter 13 plan with court permission. Fannie Mae counts 2 years from a Chapter 13 discharge and 4 years after Chapter 7.

How long after a Chapter 13 discharge can I get a conventional loan?

Two years from the discharge date under Fannie Mae’s rules, with no shorter exception.

What if my Chapter 13 case was dismissed?

Fannie Mae requires 4 years from the dismissal, or 2 years with documented extenuating circumstances.

Do I need the trustee’s approval to buy a house in Chapter 13?

HUD requires written permission from the bankruptcy court for an FHA loan. How you ask, and the trustee’s role, depends on your court district. Ask your attorney.

Can I get a VA loan during Chapter 13?

VA’s public purchase-loan page says you must meet VA’s and the lender’s credit standards. We didn’t quote a VA waiting period, so ask a VA lender which rule they use.

Does the buyer program change the waiting period?

No. A buyer credit lowers what you pay at closing with lender approval. It doesn’t change any loan program’s bankruptcy rules.

Rules as published by HUD (FHA answer dated April 30, 2024, citing Handbook 4000.1) and Fannie Mae (Selling Guide B3-5.3-07), and plan lengths from the U.S. Courts, read November 10, 2026. Lenders may apply stricter overlays. VA guidance from VA.gov’s purchase loan page. Buyer credit: no upfront fee; Beycome keeps 1% of the price (minimum $1,499) and credits the rest of the buyer-agent commission at closing, with lender approval; not on FSBO homes or homes listed by Beycome sellers; not offered in Alabama or Tennessee. Beycome Mortgage LLC, NMLS #2523620, is licensed in Florida only; it’s never required for the buyer credit. General information, not legal or lending advice.

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Verify relevant information directly and consult qualified professionals before making decisions. Beycome services are subject to applicable agreements, eligibility requirements, and state-specific terms.

Artur

Artur is Beycome’s too-smart real estate guru. It learns from the real transaction data behind Beycome listings — list prices, sold prices, days on market, commissions, fees, and local market rules across the states and jurisdictions where Beycome operates — then turns that data into practical guides, comparisons, and market insights built to help people make smarter real estate decisions.

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