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For Immediate
Release - Art
Sale, Major Defeat and Embezzlement added to Banes' liabilites by bankruptcy court.
December 23, 2008, Los Angeles Bankruptcy Judge Sheri Bluebond dealt Robert S.
Bane a major defeat by granting a further judgment in favor of Hajime Sorayama,
finding that the $2 million dollar judgment awarded by United States District
Court Judge Florence-Marie Cooper in September 2006 cannot be discharged in
bankruptcy because it represents monies awarded to Sorayama due to the willful
and malicious conduct of Bane and that the conversion of Sorayamâ's™art
that gave rise to the dispute constituted deceptive actions of embezzlement by Bane.
Artist
Sorayama Wins Cases on Sept 6, 2007 / Judgment deemed non-dischargeable in bankruptcy on Dec. 23, 2008 and On May 28, 2010 Appeal Courts Reaffirm trial court judgements while remanding the district court to adjust and re-calculate awards:
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After
plaintiff Sorayama
obtained a writ of attachment to secure the artist's claim, Fabian Perez and
Bane submitted a third party claim arguing that Fabian Perez
art never belonged to Robert Bane Editions. The District Court denied the
third party claim. The complete federal court rulings since September 2007, are
available through the federal court system at central district of California
Federal Courts. Presiding District
Court Judge is
Hon Florence Marie-Cooper / Bankruptcy
Judge is Hon Sherri Bluebond.
In 2007, Japanese artist Hajime Sorayama obtained a nearly
$2-million judgment, including $1 million in punitive damages, against
Robert S. Bane, his publishing company, Robert Bane Ltd., and his
gallery, the Tamara Bane Gallery. In 2009, a federal bankruptcy court
refused to allow Bane to discharge the debt, citing a pattern of
intentional and pervasive fraud perpetrated against Sorayama. The
bankruptcy court also ruled in 2009 that embezzling exists. The Chapter
7 process is still ongoing after over 2 years while asset inventory and
other issues are being discovered in the courts' process including
appeals. On 28 May 2010, the United States Appeal Court for the Ninth
circuit affirmed the trial court judgments of 2007 while remanding the
district trial court to adjust / re-calculate the awards of punitive and
compensatory damages.
BREAKING NEWS: On March 2, 2010, a sale
of bankruptcy estate assets that contain creditor artist discovered
related rights discrepancies and irregularities took place. As of about
March 4, 2010 Artist Sorayama as major creditor requests court
officer(s) to conduct and or reveal the actual due diligence on this
sale regarding the specific buyer(s) of estate assets in context of
proceedings before ratification of any sale. The Appeal to the 9th
Circuit held oral arguments presented during February 3, 2010 and will
conclude its rulings/finding in the months ahead. The " unbonded "
Appeal process may examine some of alleged abuses of the legal process
noted during the Appeal argument and potential abuses occurring as early
as trial, the months after trial court's rulings/orders and in
particular the extensive legal team that came on board about the time of
the first post trial judgment exam of debtors' master image archivist
and giclee printer. On / about 15 January 2010, a three Judge panel of
Bankruptcy Appellate Panel analyzed the facts concerning trial court and
bankruptcy court rulings against debtor. The trial court rulings and
subsequent bankruptcy court rulings stand in place under the review and
scrutiny of higher courts' appeal panel. (citing United States
Bankruptcy Appellate Panel of the 9th Circuit: BAP No.
CC-09-1108-MoPaH).
http://knol.google.com/k/art-sorayama-v-tamara-bane-gallery-and-robert-bane#
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