Need some advice

[Tacoma-Man]

We are going to file. That much is for sure. What i am not sure about is whether or not to include our house. We owe about $25000 more than the last appraisal. It is in a city that i really dont want my son to start school in so i was thinking about giving it up and trying to find a house under an owner contract situation.
IF i decided to give up the house obviously i would stop paying the mortgage and the heloc. Could i use that money for a down payment on the new house??
Also what would buying a house on an owner contract do to my bankruptcy? Especially since i would be putting down like $10,000 on it ( from not paying my other mortgage.
Also does anybody know in washington state how long could i live in the home before forced out?

We have not filed yet BTW

[MomIcantFindmy]

You won't be able to save the money to put a down payment on an owner contract house because you cannot have money in the bank or on hand when you file.

Also, if you file and you have paid 10K on this contract very recently I would be concerned that it could be questioned or at worst case reversed and dispersed to all your creditors.

If you purchased a house on an owner contract they would still be listed on your BK as a creditor. Although you can continue to pay them. If I were you and I had decided not to stay in then house I would stop paying on it (actually I would stop paying all my creditors) in preparation for filing. Prepay anything I could like auto insurance, rent (find a house before you file...it is easier) stock up on groceries etc. and then file. Wait a couple of years and then buy a house.
Have you spoke with an attorney?...they will give you the best info for your situation and state.
I have no idea how long you will have but your attorney would.
Good luck.