Earlier this year, Thomas was forced into Chapter 7 bankruptcy by his many creditors. They told the court the once-respected lawyer was refusing to pay his bills despite demands for payment.
Last month, the trustee presiding over the bankruptcy asked the court for permission to hire a lawyer named Ronald Richards to investigate the situation with Erika.
The trustee wanted to find out if Tom had wired Erika’s entertainment company money in an attempt to hide money from creditors. In one legal action, Thomas was accused of transferring over $20 million to his wife.
In court documents, the trustee said the, “Continuing investigation may reveal that assets of the Debtor were transferred to Erika Girardi (aka Erika Jayne), Tom Girardi's Spouse, either directly or to one or more people or entities on her behalf, or to other transferees of assets from Erika Girardi or her related entities (the "Erika Transfers")."
Richards would be handling “all matters relating to the Erika Transfers” including investigation, “written discovery, depositions, court appearances” and other issues, according to court docs via Radar Online. The judge has yet to sign off on the request.
The trustee believes Erika has assets that should be turned over. However, the reality star informed the trustee she “does not have any community property in possession (except for certain household items) and that what she does have were alleged gifts from” her ex-husband.
In her motion, Erika says she is the “current but estranged, spouse of Thomas Vincent Girardi.” She says the trustee wants to hire Richards and launch an investigation without being able to name one specific asset she received from Thomas.
Further, she says Richards is a lawyer representing plaintiffs in another case against Thomas. Erika believes this is a conflict of interest since he may have obtained confidential information in that matter.
Erika proceeded to tear into Ronald. She says “aside from his actual conflicts of interest, it is clear that Mr. Richards’ motivations including promoting himself with tabloid-style publicly on social media, rather than maintaining the decorum appropriate to litigants before a bankruptcy court.”
The motion reads via Radar Online, “Since December 4, 2020, Mr. Richards has made at least 290 social media posts about this case and/or Erika.” She is asking the court to not allow the trustee to hire Ronald. The judge has yet to rule.
Last month, the Bravo reality star demanded to get a cut from the sale of the $16-million mansion. According to court documents obtained by
Radar Online, Erika’s lawyer asked the federal judge presiding over the involuntary bankruptcy filed against the 81-year-old lawyer. The Bravo reality star says the trustee in charge of her soon-to-be ex-husband’s bankruptcy is in the process of putting the Pasadena home she shared with Thomas up for sale.
The money from the sale will be used to pay off his many creditors. In newly filed court documents, Erika objects to the trustee’s sale because it doesn’t put any money aside for her.
Erika argued California law allows her to stake a claim in the real property because she’s still going through the divorce. She wants the bankruptcy court to only allow the sale if the deal “provides for the preservation of Erika’s rights and to exempt property and its proceeds.”
In May 2021, the Pasadena property of the estranged couple was listed for $13 million.
In court documents courtesy via
Radar Online, Tom’s financial state was revealed when a summary of his assets and liabilities was filed in the bankruptcy. The filing states the once-respected lawyer has over $74 million in assets with $56 million in liabilities.
Tom’s current monthly income is only $2,958. His biggest assets include the $16.5 million Pasadena mansion, a $1.1 million property in La Quinta, California along with a 2020 Range Rover and 2019 Aston Martin. The value of the clothes in his closet and his jewelry collection has yet to be determined. Thomas has over $5 million sitting in a City National Bank account, reports the outlet.
The largest liability is listed as a $51 million loan owed to his law firm, Girardi Keese. Erika is listed as a co-debtor in the documents. She appears to have been listed on financial documents relating to bills for American Express, City National Bank, various law firms, and their Wilshire County Club membership, according to
Radar Online.
In March 2021, The State Bar of California filed an objection requesting that an independent expert examines Tom Girardi‘s ongoing health issues amid his divorce from Erika and temporary conservatorship.
According to court documents obtained by
Us Weekly on Monday, March 15, state that attorneys representing the Bar believe the 81-year-old Colorado native’s conservatorship petition was “filed under highly unusual circumstances.” In February, Tom’s brother Robert Girardi was named temporary conservator of Tom’s estate and personal matters following an undisclosed medical emergency.
“Although the Petition alleges that Girardi suffers from dementia and is unable to care for himself, as recently as November 2020 — two months before the Petition was filed — Girardi was holding himself out as a legal expert and moderated a legal education panel discussion with leading trial attorneys and presented on complex litigation strategy,” the objection claims, adding that the information provided to the courts about Tom’s mental state isn’t sufficient.
The lawyer and the Pretty Mess singer have been at the center of legal controversy since announcing in November that they were splitting after 20 years of marriage. Class action firm Edelson PC accused the pair of faking their divorce to “fraudulently protect” their money, claiming they were “on the verge of financial collapse.” They were also accused of embezzling $2 million in settlement funds intended to help victims of the crash of Lion Air Flight 610 in 2018.
In December 2020, Tom’s assets were frozen as concerns about his health began to emerge. At the time, attorney Evan Jenness questioned whether his client “understands either the nature or the gravity of the current situation,” suggesting that Tom undergo a medical examination.
In March 2021, the State Bar of California declared that Tom was “not eligible to practice law” and stripped him of his legal license, effective March 9. Court documents later revealed that the 81-year-old was diagnosed with late-onset Alzheimer’s and dementia.
Clinical psychiatrist Dr. Nathan Lavid wrote in an affidavit filed on March 10 that Tom suffers from “moderate” delusions and is unable to attend court hearings “for the foreseeable future” as his and Jayne’s legal troubles continue, reports
Us Weekly.
Photo Credit: Bravo Media/NBCUniversal; Girardi Keese
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