Posted on: Wednesday, January 29, 2003

Niche owner calls for 'no' vote in pagoda bankruptcy plan

By Curtis Lum
Advertiser Staff Writer

At a briefing last night, the man who is fighting to save the Honolulu Memorial Park pagoda urged people who own niches in the structure to vote against a plan to bring the cemetery out of bankruptcy.

Wayne Kotomori led an informational meeting and rally last night at Kawananakoa Middle School. More than 300 people, many of whom own niches in the pagoda, attended.

Kotomori's father died last month and he has been unable to place his father's remains in the family niche because of the poor condition of the pagoda. He told the group last night that the only way to save the pagoda would be to rally against the cemetery's bankruptcy plan.

A major aspect of the plan calls for demolition of the pagoda. The plan also would dissolve Honolulu Memorial Park Inc. and Honolulu Memorial Association, which handles perpetual care of the park, and would turn over assets and debts to Kyoto Gardens, a nonprofit organization.

"The pagoda represents a very huge, three-story liability hanging around their necks," Kotomori said of the park's owners. He said the Richards family, owners of the park, are worried only about money, not the feelings of niche owners.

"They're not thinking of you," he said. "We're thinking about our loved ones, their final resting place. We're thinking about peace of mind."

But Herbert "Monty" Richards Jr., one of four park owners, said that there is no money to continue running the cemetery and that bankruptcy is the only option. Richards said the bankruptcy plan would not favor his family over the niche owners.

"Nobody wins in a bankruptcy that I know of," he said last night.

Richards said if the plan is rejected, one of the only options would be Chapter 7 liquidation bankruptcy.

"That changes a lot of things and some of these people need to sit down with a lawyer, and not an advocate, and let him explain what could happen. They may not like all that they hear," Richards said.

Only niche owners and company officers are eligible to vote on the plan and a majority is needed to approve or reject it. The deadline to vote is Feb. 11.

Also last night, architect Lorraine Palumbo offered to inspect the pagoda to see if it can be repaired. She said her firm, Mason Architects, specializes in restoring old buildings.

Palumbo suggested that the group attempt to get the pagoda listed with the National Registry of Historic Places. She said the group would then be able to apply for federal money for repairs.

Richards said he would not oppose the niche owners if they can raise money to fix the pagoda.

Honolulu Memorial Park filed for bankruptcy reorganization on Dec. 28, 2001. The company listed monthly expenses of $11,000 but only $2,000 in income.

The landmark pagoda has been in disrepair for more than 20 years and company officials planned to spend $200,000 to demolish it rather than spend more than $1 million for repairs. The pagoda, built in 1966 as a replica of the Sanju Pagoda in Nara, Japan, contains 1,765 niches, of which 1,267 were sold as of a year ago.

Kotomori plans at least two more meetings before Feb. 11.