Lamar, CO asked in Bankruptcy for Colorado

Q: I installed solar in April and now find out the company is going bankrupt. (Empire Solar Group, Chapter 7, Salt Lake Ciy

Will this effect my warranty? My rebate? Do I have to join this lawsuit? I have until 1/28/22 as the deadline. Case # 21-23636

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1 Lawyer Answer
W. J. Winterstein Jr.
W. J. Winterstein Jr.
PREMIUM
Answered
  • Bankruptcy Lawyer
  • Boyertown, PA

A: In a corporate Ch. 7 case, the corporation almost always ceases operation immediately, terminates its employees, etc., and a bankruptcy trustee steps in and liquidates the assets of the business.

Under these circumstances, your warranty is pretty much worthless. There's nobody there to take your phone call or process your claim or send a crew out to repair anything.

You should investigate the case, see where it stands, and what assets might be available to pay claims.

You don't say who imposed your deadline (unless its a deadline for filing a proof of claim).

It's not uncommon for others, e.g., competitors, to come in and purchase either assets or the customer lists and business contracts of a bankrupt company. That may happen in your case, in which event, your warranty probably survives.

Talk with a local bankruptcy lawyer without further delay.

Timothy Denison agrees with this answer

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