Must Move to another State and Cannot Afford Rent and Mortga

[Mike]

Must Move to another State and Cannot Afford Rent and Mortgage - Lawyer Says Chapter 13...I must move at the end of the month from upstate New York to California. I won't be able to afford my new apartment and my mortgage.The lawyer I contacted is dead certain I should do Chapter 13. He says the primary reason is this will stop there being a Deficiency Judgment against me - if I do it before any foreclosure.In addition, he says my other debt will be reduced - I realize now I'm not sure if he said to 5 cents on the dollar or 5% of the debt.I could pay for six months using my HELOC while trying to sell house, but then I would have to sell it for that much more - around $16000. Its valued around 348k (fair price though probably won't sell at that) and I owe $302k. I would sell for just cost and realtors commission - around $320k total now.1) Is the lawyer right that Chapter 13 is the best option?2) He says bankruptcy makes any deficiency non taxable so I don't have to worry about the 2009 deadline for the Mortgage Relief Act.3) He says I must wait six months in California before I can declare bankruptcy. I suppose I should keep paying mortgage for six months so I have good credit to start a new life, but would like perspective on this $16000 cost. This would seem to suggest trying to sell during this time.4) When I stop paying, what are the stages and how long will a foreclosure take?5) This is very important to me - how is the house taken care of while I have left it? The winters are of course very cold and I don't want pipes to burst, yet I don't want to/can't pay electricity and heating oil. I also don't want it to become overgrown.a) Is it reasonable to get a Realty Management company to look after the house and how expensive is that?b) From what the lawyer said it could be 1 1/2 years until they take the house (although he at first said 5 years - me going into bankruptcy). How long would I be trying to keep the house together from afar? If I keep paying for 6 months, that makes it 2 years until foreclosure doesn't it?I should state he shot down Short Sale and Deed in Lieu of sale as having unlikely success.I was discomforted by dealing with this lawyer as he seemed gungho for this course of action from the beginning and finally got around to his $1900 fee. He wanted me to file in New York so that he would handle it even though I pointed out this would make getting an apartment in California difficult. I wonder if his advice is self serving yet I must stop paying and I don't want a deficiency judgment.Finally, if I don't declare bankruptcy, is it not true that a foreclosure would take so long now that any sale would fall past the 2009 deadline for the Mortgage Relief Act? And, as the lawyer stated, I would have to declare bankruptcy later to escape a Deficiency Judgment anyway?Sorry there are so many parts to my query, but its very hard to get a handle on what to do and I only have 26 days now. I must go and get an apartment next weekend.