Legal Question in Bankruptcy in Virginia

Contractor Fraud

I was defraud about 100k by a construction contractor. VA Commonwealth's attorney is prosecuting. Contractor is going to plead guilty and provide some, but not all, restitution. Contractor's attorney said I can sue civially and he will not contest, but that contractor will claim bankrupcy. How can I sue, for this fraud, and not get my claim discharged in bankrupcy? Note: This contractor has done the same to several other victims.


Asked on 10/05/07, 5:32 pm

1 Answer from Attorneys
Daniel Press Chung & Press, P.C.

Re: Contractor Fraud

If the contractor files bankruptcy, you will have to file an "adversary proceeding" (lawsuit) in the bankruptcy court before 60 days after the first meeting of creditors. If he has pled guilty to a matter involving your claim, he will likely be bound by that admission and thus will not be able to escape non-dischargeability, as long as you jump through the necessary procedural hoops. Just keep in mind that winning a judgment and having it found non-dischargeable does not mean that you will prevail - you still have to find and execute on assets, and he will likely not have any non-exempt assets after the bankruptcy.

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Answered on 10/06/07, 12:03 am


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