Although there has been some allowance of mortgage avoidance in Chapter 7, it has not been permitted in the 6th Circuit, which includes Ohio. You may do so in a Chapter 13. Some courts allow the avoidance by Motion, others require an adversary proceeding.
In addition to what my colleagues already posted, be aware that the exemption (value in the residence that you can protect) increases dramatically around March 21, 2013 from $21,650 to $125,000 for each debtor filing. This may change the advice previously given in a consultation if the issue at that time was the real estate value. Consult again with a Bankruptcy lawyer where you reside.
A contemporaneous exchange (payment) for value received, as well as payment in the ordinary course of business are exceptions to preference actions which would protect your attorney's receipt of his contingency fee during the 90 day preference period prior to the bankruptcy filing.
If the lawsuit is not settled before the bankruptcy is filed, there are other considerations as the trustee may take control of the case (depending on value of your claim and your exemptions).
Reading between the lines, it appears that your Chapter 13 was dismissed so that you can file a Chapter 7 to take advantage of Ohio's new generous homestead exemption. Had you converted the case from 13 to 7, you would have been limited to the exemptions in effect when the 13 was started. Sometimes it takes a while for the dismissed case to close as the Trustee has to do a final report and may have waited for the final paid-out checks to clear the bank, etc, which your attorney cannot control....
You can still attempt a loan modification after relief from stay is granted. Is there equity in the property? What position is the Trustee taking re: abandonment? You should discuss this with your Attorney, if you do not have one, with rental property, this is probably not a case you should proceed pro se.
Liability of your Husband to Amex could only be based on his contractual relationship with them. Since it appears from your comments that he never signed for the account and did not use it, he has no contract with Amex and thus no liability or responsibility to pay. I hope this answers your concerns. It also appears that you are not exposed to successful collection at this time.
You may want to consult with an attorney who can determine if there are any missing important facts in your question.
Be sure to contact your Attorney. If this was an action to collect after the debt was discharged, you may be entitled t damages against the creditor, including your attorney fees for addressing the claim. There are facts that are not in your post which are important in analyzing this information.