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more questions on debt and BK - sorry but it is long


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Posted by Problems in Texas (24.28.125.170) on June 01, 2004 at 14:53:42:

Below I have the link to my previous posts. I am just on the fence and am really having a hard time deciding what I should do. It is so hard to think with all this debt on my mind. Here are a few more questions I have thought of. I know some of this is probably covered on this board somewhere and I have searched and read plenty. Like I said.....I just can't think anymore. Thank you to all that have answered my questions before and are offering advice!

question 1: One account (MBNA with W & A) has went through the arbitration and I have been served a citation from the county clerk's office. It says I am "commanded to appear before the court by filing a written answer to the petition......" the time to report my answer has passed. I looked at the county web site today and under my case it says "5/21/04 Citation Returned, Served to Defendant on May 6" What step in the process is this? What should I expect next? We are barely getting by paycheck to paycheck and I really can't see how we could afford an attorney. Is it time to file BK or should we just sit it out some more?

question 2: If we file BK - I had mentioned before that there is one card that we are up on the payments with. We had to use it for car repairs and I also used it last month to order my daughter's letter jacket (she really earned and deserved it and I couldn't see depriving her of that once in a lifetime moment). In BK could we treat this account like we would a car loan or house loan? I think it is called reaffirming the debt.

question 3: If we sit it out instead of filing BK, is it really worth it to live by paying bills with money orders and dodging phone calls? I just can't see myself living like that.



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