file ch 13 alone, move into rental?

[bkinaz2011]

we have two homes, marital issues, can't agree on bk, I wanted to walk away from both, he wants to keep "his" house and not file bk. I'm thinking of moving back alone to the first house. it is currently a rental, if I file a ch 13 alone, I can lien strip the 2nd . My question is do I have to be living in the rental when I file the 13? The lease is thru Jan 2012. I am 60 days delinquent on the rental home, tried a mod but was declined. CC debt was incurred trying to make both mortgages for years, about 40k. The 2nd on the first home is 50k, once I complete the 13 and the lien strip I am not too far underwater. how would the bk court look on a situation where the filer is separated not yet divorced and filing alone? thanks in advance.

[RunningMan]

Have you filed for legal separation?

[bkinaz2011]

No

[NewChanges4]

Good question. My husband has no plans to file and he didn't. I filed along. The difference is that we're newlyweds.

I wish you all the best!