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Ellen
Ellen, Attorney
Category: Bankruptcy Law
Satisfied Customers: 36714
Experience:  Bankruptcy Lawyer. Experienced.
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I live in Virginia, I had to file a warrant in debt on a contractor

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I live in Virginia, I had to file a warrant in debt on a contractor that really wasn't a contractor who ruined my floors. After I sent the suit and filed to have the suit heard on October the 16, he hired a lawyer who requested a continuance saying that the defendant had a conflicting problem where he had to be a witness in another case across town in another court, ironically on the same date and time as my original date. I found out that his attorney specializes in bankruptcy and what the defendant is doing is filing in general court on that day and then want to come later so that they can say they can't and won't pay me because of the bankruptcy filing, can I contest the continuation and try to have it still heard before he has a chance to file for bankruptcy?
Hello,

Thank you for your question. My name is Ellen. I will do whatever I can to answer your questions!

can I contest the continuation and try to have it still heard before he has a chance to file for bankruptcy?

Yes. You can contest a continuation on the grounds that you would be unfairly prejudiced. That said, there may be little or no benefit in obtaining a judgment prior to the filing of the bankruptcy.

Once the person files bankruptcy, the debt will be discharged unless you file an adversary proceeding (a separate proceeding in the bankruptcy) to determine the non-dischargeability of the debt.

Please let me know if you need any clarification. I would be glad to assist you further if I can
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