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Mar. 21 2023, Printed 12:30 p.m. ET
Erika Jayne’s demand she be paid damages for her diamond earrings being bought off — as a part of her husband’s chapter — has been objected to, RadarOnline.com has discovered.
In accordance with courtroom paperwork obtained by RadarOnline.com, the trustee presiding over Jayne’s husband Tom Girardi’s now-defunct regulation agency’s Chapter 7 has scoffed on the RHOBH’s star’s request.
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As RadarOnline.com beforehand reported, Tom, a one-time high-powered Los Angeles lawyer, was compelled into chapter 11 in 2020 by collectors. A lot of his former shoppers declare he secured them a monetary settlement in a authorized dispute however did not pay them in full.
In courtroom, Tom and his associates stand accused of working the agency Girardi Keese like a Ponzi scheme. Final month, Erika’s husband was hit with 5 counts of wire fraud. Prosecutors accuse him of embezzling $15 million from 2010 to 2020. He’s dealing with 20 years in jail.
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Tom’s alleged victims embody orphans, widows and even a fireplace burn sufferer.
Jayne has been dragged into numerous authorized battles involving her estranged husband. The RHOBH star has denied any data of Tom’s alleged crimes.
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Many collectors have gone after Jayne accusing her of dwelling the excessive life off embezzled cash. The trustee presiding over the chapter for Girardi’s regulation agency sued Jayne for the return of $25 million.
In courtroom paperwork, the trustee mentioned the agency paid the payments for Jayne’s firm EJ International for years. Jayne requested the courtroom to dismiss the lawsuit claiming she believed her husband had cash on the time.
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Later, the trustee demanded Jayne flip over a pair of diamond earrings Tom bought for $750k. Jayne initially refused earlier than agreeing to show the set over.
The trustee mentioned monetary information confirmed the earrings had been bought together with his shopper’s cash.
The choose ordered the earrings to be turned over to the trustee. As RadarOnline.com first reported, Jayne filed an enchantment of the choice however not earlier than the set was bought off for $250k.
Nevertheless, earlier this month, Jayne argued she ought to be awarded damages for the “authorized error” that resulted in her jewellery being auctioned off.
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Her lawyer wrote, “Ms. Girardi has elected and is entitled to cash damages based mostly on the proceeds of the sale of a marital reward acquired by her in 2007 that was taken from her and bought by the Trustee based mostly on the legally inaccurate Turnover Order.”
Now, in newly filed paperwork, obtained by RadarOnline.com, the trustee asks that Jayne’s enchantment be dismissed.
The trustee mentioned Jayne had many alternatives to ask the courtroom to remain the sale of her earrings however failed to take action.
As a part of her argument, Jayne mentioned the jewellery shouldn’t have been taken and pointed to the statute of limitations.
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Her lawyer argued, “the Chapter Court docket erred as a matter of regulation when it decided that the Trustee’s claims based mostly on an alleged fraudulent switch of property over 15 years in the past weren’t barred by the relevant statutes of limitations.”
In response, the trustee mentioned Jayne needs the courtroom to rule on the problems of the “statute of limitations, not as a result of the difficulty is related to this now moot enchantment however as a result of she want to use a reversal of the Chapter Court docket’s Turnover Order for social media causes.”
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The trustee trashed Jayne writing, “It’s extremely ironic that Mrs. Girardi, who since 2012 has uncovered her and Thomas Girardi’s complete life to the world by starring on the fact present The Actual Housewives of Beverly Hills would have this Court docket ignore the regulation pertaining to this enchantment in hopes a choice on the problems of the statute of limitations would by some means vindicate her conduct, so she will be able to then use the courtroom’s choice to publicly counteract social media feedback.”
The trustee mentioned the upper courtroom ought to deny Jayne’s plea to award her damages.
As RadarOnline.com beforehand reported, Jayne lately revealed in courtroom she owes the California Franchise Tax Board a complete of $2.2 million in again taxes. “I would not have the power to pay,” she wrote in a declaration.