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you probably need to ask a lawyer. BK rules vary by state I believe.
Also, contact your lender and see what can be done.
Worse case, do a refi. Eating the refi fees will be better than getting hit with any BK fallout.
Last, maybe the bank could do a personal loan or HELOC or something whatever has the lowest fees and reasonable interest rate to pay off the original mortgage so it does not matter.
Of course, make sure you check with a lawyer first because you may not have to do anything.