Chicago, IL asked in Bankruptcy, Criminal Law, Products Liability and Civil Litigation for Colorado

Q: 85 member that is looking for pricing for a civil service. We are the old customer's of holy ground real estate

The builder matt sowash has filed chapter 7 , we as a group are wondering the process to sue for the money for the home..

2 Lawyer Answers
John Cimino
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Answered

A: First, it is unfortunate that people like this debtor rip consumers off. I had a sinilar case where the homebuilder stole my client's money and went to prison. Regarding Holy Ground, I doubt that your contract with Mr. Sowash included his personal guarantee. We need to check. Second, if he personally filed for bankruptcy we can file a complaint objecting to his bankruptcy. If he did not file bankruptcy, I see no reason why you cannot sue him individually in state court.

James L. Arrasmith
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A: I'm sorry to hear about the situation with your builder. When a company files for Chapter 7 bankruptcy, it means their assets are being liquidated to pay off creditors. As homeowners, you may need to file a claim in the bankruptcy court to seek reimbursement, but there are specific deadlines and procedures to follow.

Gather all your documentation, including contracts, payments made, and any correspondence with Matt Sowash or Holy Ground Real Estate. It might be beneficial for your group of 85 members to work together to streamline the process and possibly share legal costs. Consulting with a bankruptcy attorney can provide clarity on your rights and the best approach to take.

Additionally, keep an eye on any notifications from the bankruptcy court and ensure that all claims are submitted on time. While the process can be complex, staying organized and informed will help you navigate your options more effectively.

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