I’m in Texas and currently being sued by Capital One over an old credit card debt. I already filed an Answer to the lawsuit.

I now have a scheduling conference on August 31 in Dallas County District Court. My current plan is to file Chapter 7 bankruptcy in November or December 2026.

I have already retained a bankruptcy law firm, but they told me they do not represent me in the state-court debt lawsuit and will not appear at this hearing for me.

Since my bankruptcy has not actually been filed yet, I understand that there is currently no automatic stay and Capital One can continue with the lawsuit.

I’m trying to figure out what makes the most sense between now and December.

For anyone who has dealt with something similar:

  • Is it common to represent yourself at a scheduling conference in a credit-card lawsuit?
  • What normally happens during this type of hearing?
  • Will Capital One’s attorney actually question me about the debt, or is it mostly about setting deadlines/trial dates?
  • Is it worth hiring a separate debt-defense attorney just to represent me until I file Chapter 7?
  • Roughly what did you pay for an attorney in a situation like this?
  • Has anyone told the judge they were already working with a bankruptcy attorney and planning to file a few months later? Did the judge give you additional time?
  • Is there anything I should specifically avoid saying or agreeing to at the hearing?
  • Would it make more sense to discuss filing Chapter 7 sooner with my bankruptcy attorney rather than letting the state-court case continue until December?

I’m going to follow my attorney’s legal advice. I’m mainly looking for experiences from people who have gone through a debt lawsuit shortly before filing Chapter 7.

submitted by /u/Sunil_280
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