Can I add house before court date?

[jojee30]

I am going in tomorrow to file for Chapter 7....after a lot of soul searching. I have 2 homes, both with no equity. I want to live in one and sell the other. However the one I want to sell just went into default. I will just break even with the lenders (1st, 2nd, & 3rd) if I sell it at the highest price for the area.

The attorney is afraid that I wont be able to sell it and then I could be sued for the 2nd and 3rd later. I don't want to put it in the bankruptcy because my (soon-to-be-ex) husband will then be on the hook with it and I am not angry enough to do that to him. :o

Can I file tomorrow (attorney said that the forms could be completed in about a week and court date with a month), put the house for sale and if I don't sell it, add it to the bankruptcy by the time I have my court date? Or is it all all-or-nothing shot now?

[HHM]

Is there any particular rush to file BK now? Assuming you can't sell the house to cover all the liens, you husband will be on the hook anyway.

[jojee30]

I wanted to file ASAP because my car is scheduled to be repo'd next week. I would rather have a bankruptcy on my record instead of a repossession and foreclosure. I had foreclosure started on a house 5 years ago but sold it before way before the sell. But just the words "foreclosure started" has destroyed my credit ever since. I have been able to buy things (houses, cars) but at unbelieveable interest rates and points.

But I met with my attorney and he let me know that it would be near impossible to sell my house during a bankruptcy and I would most likely have to wait until the end of it (4 months) and by that time it could foreclose. So I decided to put it in the bankruptcy, I have another home that I live in, and my ex will have to file once the banks go after him.

I would love to try and sell it and make a little profit to cover things that the bankruptcy won't discharge (std. loans), but it is too much of a gamble if it doesn't sell or worse, have a foreclosure AND a bankruptcy on my credit report.