Barry
I think it is entirely useful to start litigation. Herrada del Tollo will only resolve contracts for those with BG's and then only if they agree to ordinary status. The company is going under so the most important thing to do is to fight for your creditor status. To have your contract resolved dramatically increases your chances of being placed in a higher creditor bracket with far more chance of getting your money back.
Look at the worst case scenario...it goes ahead in some fashion. Herrada del tollo could then force agreement under the concurso for ordinary creditors that thay accept a percentage of their deposit over five years. This would, no doubt, be much reduced. Either way Herrada del Toll and Almun are not out to protect owners rather to screw them.
I understand that the judge is listening to multiple lawsuits from january onwards. I imagine he will listen to them in group actions as I understand that there are many.
Herrada del Tollo are trying very hard, through SARC to tell people that there is no point to this. THERE IS AND THEY ARE LYING
The reality is...if we dont get our money back they wont care. If the banks etc dont get their money back they will make it very difficult for any other remaining businesses plus any new business that they may wish to start in the future. It will impact on them greatly.
If your lawyer can prove breach of contract, then the money is not Herrada Del Tollo's to be shared. It is yours..legally therefore it cannot become part of san jose assets
The only part I would query is that it should cost thousands more. I would agree with your lawyer a percentage fee of monies returned to you. In this way your costs dont escalate out of proportion to your deposit returned. Look for around 3-5%. Anything more is excessive