Rolling Hills Cane Corso in Chapter 7!

[Mary Painter]

Does anyone know anything about Rolling Hills Cane Corso? I put down $1000 for a puppy. I got notice from Bankruptcy Court that the owner has filed Chapter 7 bankruptcy. Think I'll get my money back?!?!?

 

[voidecho]

I wouldn't get your hopes up.

I'm assuming the owner hasn't been in contact with you?

 

[cookiedough39]

Doubt you will get your money back. My guess is they will change their name after 6-7 months and have a good ole grand opening.

 

[Mary Painter]

I wouldn't get your hopes up.

I'm $#@!uming the owner hasn't been in contact with you?

No, except a couple of weeks ago she texted me "to make sure she had my address correct". All friendly and chatty. Guess she needed to make sure it was correct for the bankruptcy court. Her name is Alyssa Edwards, so beware if a kennel shows up again with her name.

 

[voidecho]

So you've reached out to her asking for you money back and haven't heard anything back...other than this notice? That sucks.

 

[DDSK]

I'm just wondering if she has a pup available.
You might want to touch bases with their atty and see what their intentions are to compensate you for what you have invested with them.
Chances you are S.O.L. but it wouldn't hurt to check it out.
If they have pups on the ground it might be cheaper for them to get rid of them asap so as to not incur the cost of care and feeding of the pups.

 

[Mary Painter]

So you've reached out to her asking for you money back and haven't heard anything back...other than this notice? That sucks.

Hi! Yes, on November 28th I called her, because her website was gone and she had deactivated her Facebook account. She assured me that everything was just fine, she just didn't have any puppies at the moment. Next thing I get this bankruptcy notice. I tried calling her but her phone is disconnected. Probably a good thing, because the notice states I can't contact her now. Her attorney won't talk to me, I already called. Either a pup or my money would work for me, but I have a feeling I won't end up with either one. But I am showing up to the meeting of creditors. If nothing else I want her to look at me. I probably won't be the only one.

 

[Mary Painter]

I'm just wondering if she has a pup available.
You might want to touch bases with their atty and see what their intentions are to compensate you for what you have invested with them.
Chances you are S.O.L. but it wouldn't hurt to check it out.
If they have pups on the ground it might be cheaper for them to get rid of them asap so as to not incur the cost of care and feeding of the pups.

I agree with you. Either one would work for me. But her attorney won't talk to me, so I guess I'll see them at the hearing. Oh well live and learn I guess.

 

[musicdeb]

Where is she located? I wonder what happened to the dogs?

 

[voidecho]

I'm not a lawyer and don't know much about bankruptcy, but if I were you I'd start researching it online if nothing else. I doubt I'd get a lawyer if I was in your shoes as you'd probably end up spending as much just to try to get your deposit back. Based on a little research:

You're right in that you shouldn't be contacting her anymore.
File a proof of claim with the courts. Maybe a receipt or a copy of your cashed check? Did you have a signed contract from her? Any proof of the deposit?
If you can show she acted with fraud that may keep your deposit from being considered a dischargable debt, but it sounds like you'd need a lawyer to prove that and you may never get anything back even if it's not discharged.

 

[cookiedough39]

When I was in finance, I saw this a lot. She probably went too deep into personal debt and decided to use her kennel as a scape-goat. If her debt got to the point where she was being sued the creditor(s) could have come after the money she made from her kennel. Sad situation.

 

[Mary Painter]

Where is she located? I wonder what happened to the dogs?[/QUOTE
$

She is out of Greeley, CO. She is associated with (in business with) Dogwood Cane Corsos who have also mysteriously disappeared. I did send a request to the Court for all documents I am entitled to as a Creditor: tax returns, pay stubs, contracts, monthly expenses, etc. I may not get anywhere, but $1,000 is a heck of a lot of money to get stolen from me. I won't go away without a fight. When I called her attorney's office to get their fax number they were surprised that I would even do anything. Apparently for Bankruptcy attorneys, $1,000 is not a big thing.

 

[Mary Painter]

I'm not a lawyer and don't know much about bankruptcy, but if I were you I'd start researching it online if nothing else. I doubt I'd get a lawyer if I was in your shoes as you'd probably end up spending as much just to try to get your deposit back. Based on a little research:

You're right in that you shouldn't be contacting her anymore.
File a proof of claim with the courts. Maybe a receipt or a copy of your cashed check? Did you have a signed contract from her? Any proof of the deposit?
If you can show she acted with fraud that may keep your deposit from being considered a dischargable debt, but it sounds like you'd need a lawyer to prove that and you may never get anything back even if it's not discharged.

You are so right in that an attorney will cost me as much, if not more, than my deposit. I do have proof of payment and our agreement. I can interview her at the meeting of creditors, and I do administrative (non-criminal) litigation for a living, so maybe I can convince her and her attorney to just pay me back. I don't know tho, in Chapter 7 they pretty much have to prove they don't have anything to pay back. Happy New Year to me! But I appreciate your counsel and everyone else's advice on this. It's just sad for me, I was really looking forward to a sweet little puppy.

 

[khplaw]

I'm not a lawyer and don't know much about bankruptcy, but if I were you I'd start researching it online if nothing else. I doubt I'd get a lawyer if I was in your shoes as you'd probably end up spending as much just to try to get your deposit back. Based on a little research:

You're right in that you shouldn't be contacting her anymore.
File a proof of claim with the courts. Maybe a receipt or a copy of your cashed check? Did you have a signed contract from her? Any proof of the deposit?
If you can show she acted with fraud that may keep your deposit from being considered a dischargable debt, but it sounds like you'd need a lawyer to prove that and you may never get anything back even if it's not discharged.

EXACTLY right. The court should have contact information, you should be able to download the appropriate forms to get yourself on the creditor list, which will put you in the queue along with everyone else they owe money to! Depending on how long that list is will likely be the answer to what you may or may not get back. The Court can seize assets through the Bankruptcy trustee, they they value what they have seized, and secured creditor get the first bite of the apple, and unsecured creditors get whatever is left over. The hearing you are speaking of I am guessing is the first trustee hearing where they get the ball rolling. If they are in California, there is a class that the bankrupt party has to take BEFORE filing and that hasn't been done, they cannot be considered for bankruptcy. Not sure if that is all states or just CA. If they knew they were going bankrupt BEFORE they took your money, that is a different kettle of fish, and there may be recourse, but how do you prove what they knew and when? One way is that if they DID take the class, that date may be informative. Otherwise they look to the file date.

Whether you pursue this legally is obviously your choice; you can always consult with an attorney and make a decision then. So sorry this has happened but in this economy it is not surprising.

 

[DDSK]

Sounds like you will get screwed in this issue.
If there is a creditors meeting She will most likely not be in attendence she will be represented by her attourney.
I'm so sorry this happened to you, I know that grand out of your pocket hurts, but a grand to a bankrupsy lawyer
is like you walking into 7-11 and getting a cup of coffee or a big gulp.

 

[khplaw]

If she DOES show up and she is wearing nice jewelry, ask for it, actually you can meet her outside the door and get it!Maybe only in CA.

 

[dayankis08]

Get yourself on the creditors list and get some of it back. Also if she filed before she took your $$ that would be fraud and you should get all your money back or she gets Jail time. Remember filing date not bankruptcy court day. Good luck I'm sure you will better off somehow.


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[RICEaRONI1024]

Mary,

Dogwood Cane Corso is ran by a Jamie Kerbel, and she was close friends with Alyssa from rolling hills. who also has done some pretty shady stuff. Sorry for you getting ripped off. Are you in the Denver area? If you are I know a breeder who may be able to help you out in the future who I got my puppy from. Best of luck!

 

[titus]

I am also part of this legal battle. She has no puppies, and has no money so we are all screwed. Also, the last litter she had that was born may 7th is not purebred. The dad was a boxer and to avoid having to give refunds she declared bankruptcy. No offense, but $1000 is small potatoes to what we all lost on buying mutts from her.

 

[DalCielo CC]

What a horror story. Unfortunately these kind of people seem to show up later with a different breed and different name ripping off new people.