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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 33383
Experience:  Began practicing law in 1992
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My contractor on my house took all my money then commingled

Customer Question

My contractor on my house took all my money then commingled his business funds with his personal funds used my house supplies on his own personal home failed to pay sub contractors my house got condemed I had to take out personal loans and borrow money to complete my house. I hired an attorney to sue him but when I got a court date for trial this contractor bankrupted. Can I still sue him in civil court for he just inherited millions of dollars?
Submitted: 12 months ago.
Category: Legal
Expert:  Dwayne B. replied 12 months ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

Has his bankruptcy been completed yet and your debt discharged?

Customer: replied 12 months ago.
It was my contractors bankruptcy and it has been discharged but how could he have been granted the discharge when he was in court being sued?
Customer: replied 12 months ago.
He owes me close to 895,000.00
Expert:  Dwayne B. replied 12 months ago.

Any case that was in the court system when the bankruptcy was filed was automatically "stayed" upon filing and then, at some point, discharged. When it is discharged by the bankruptcy court then usually the bankruptcy papers are filed in the original case and the court dismisses it.

If the debt was not discharged in the bankruptcy yet then you can ask that your case be allowed to proceed by filing a Motion for Lifting of Stay and the trustee will likely pursue the inheritance as well.

If the contractor knew he was going to be inheriting the money and didn't report it to the bankruptcy court and then your debt was discharged then you can file to reopen the bankruptcy based on fraud but you're going to need a bankruptcy lawyer to help you with that.