CIVIL action against my builder

I have a CIVIL action against my builder for Fraud and Embezzlement - I presume if I get a judgment against builder that these actions cannot be discharged in bankruptcy.
The builder has not answered discovery, and he is well beyound the 30 day requirement to do so.

I don\'t know what to do next.
Should I
A. Motion to compell discovery.
B. Motion to deem admissions of discovery as admitted.
C. Motion for summary judgement.

I must presume the builder will rush to file bankruptcy and stay the civil action prior to any summary judgement being entered against him.

Will I have to re-file the case in bankruptcy court? Or, can I just file a summary judgement in bankruptcy court and presume the bankruptcy court will accept his failure to answer civil discovery as ADMITTED.

What is my best strategy?

My gut tells me to motion to have the judge rule that the admissions of discovery are deemed \"admitted\" because of the builder\'s failure to respond. Believe it or not, the builder may ignore this motion (his original attorney withdrew from the case because he wasn\'t being paid). I just think my case in bankruptcy would be stronger if the Judge in the civil action had already deemed things \"admitted.\" Seems I might get an easier summary judgement in bankruptcy court.

Someone told me that my civil case would be CONTINUATION, and thereby exempt from the automatic stay - but as I read 11USC326 the continuation exemption to stay only applies to CRIMINAL cases.???

Please help me think clearly on what the best strategy is. I am confused on
what to do.

Thank you

You should get counsel at least partly involved and contact the trustee if bankruptcy occurs; tell the trustee that fraud is involved etc. And you will normally then have to prove some level of fraud to the bankruptcy judge or the matter could be discharged in bankruptcy.

I'm not sure that you'll ever see your money. I also have a claim against our builder. The claim was for only $1,200 for a roof that leaked in the first year while the home was under warranty. The builder refused to fix it and we paid out of pocket for another builder to patch the roof. We just found out that the builder has filed for bankruptcy because he has numerous suits against him. Bankruptcy is his only way out. Little did we know, this guy has changed his business name four times....because he has claimed bankrupcy under each name.
I'm sorry you're in the situation you are. You'd think there would be laws to protect home owners.