Hearing Tomorrow for Summary Judgement Cap One

[alo]

So I am planning Ch 7 in two months. Have retained an attorney. But I was served by Cap One recently. So I answered denying all. Didn't want to pay attorney for extra work and he did give me guidance regarding stalling. Then they sent back information about my debt. Then I received a Notice of Hearing for the Motion of Summary Judgement.

In further trying to stall, I have been calling the plaintiffs attorneys for two weeks to arrange a payment plan. Figured I'd pay a couple of months before filing BK to avoid a judgement on record.

Anyway, spoke to one woman who said based on my limited income the $200/mo I offered was too much. That I should think about it over the weekend and get back to her. I did with $125 and she told me they couldn't accept less than $225. ??? A game??

Anyway, we were disconnected. I called back to her answering machine. Called again the next day. Message. Was called by anther woman who left me a message. Then I called original woman's extension and got a different person's VM. Another game?

So, no payment plan worked out because I can't get them to return my call. Funny, me chasing the collectors!

Anyway, any suggestions for tomorrow. I have no legal defense. Just want to delay. To file BK. Do I ask judge for more time to work out payment arrangement? Do I mention BK if not asked about it?

Advice appreciated.
Thanks!

[LadyInTheRed]

In a summary judgement motion, the creditor is taking the position that there is no genuine dispute as to the material facts and asking the judge to enter judgement based on the facts presented. So, your job is to convince the judge that there is a genuine dispute as to the facts and that a trial is necessary. This is not a mediation on settlement conference where the judge will (or can) force the creditor to accept a payment plan.

After getting as far as filing a motion for summary judgement, a creditor who has proper documentation of a debt really has no incentive to agree to a payment plan or settlement until they get a judgement.

Why can't you file BK now?

ETA: You could try asking the judge to continue the hearing to give you time to retain an attorney to represent you in the case. But, I doubt you will get an extra 2 months. 30 days is more likely.

[LadyInTheRed]

I just notice that you posted this last night, so my response was probably too late to help. How did it go?