After years of rumors, details surrounding various Fear Factory related lawsuits have finally surfaced online thanks to MetalSucks. The site recently shared documents from a court decision involving Burton C. Bell and former members Christian Olde Wolbers and Raymond Herrera that offer more insight into the whole situation.
In 2011, the three apparently reached an agreement that said Bell could use the band’s name as long as he paid Wolbers and Herrera a licensing fee. However, Bell and his wife ended filing for bankruptcy and were granted a discharge injunction. Herrera and Wolbers were listed as creditors, but Bell didn’t mention the settlement he made with them, so they stopped receiving payments.
Wolbers and Herrera then responded by returning to court in 2014, claiming that the terms of their agreement were violated. Bell was then ordered to pay $900,000 in damages and legal fees.
However, Bell then filed a motion arguing that “the 2014 California lawsuit violated the discharge injunction by attempting to enforce a rejected executory contract.” The late Judge John J. Thomas agreed that three counts of the lawsuit did violate the discharge injunction, but two did not “inasmuch as they merely seek damages from Bell and others for using rights that belong to” Herrera and Wolbers.
Thomas ultimately granted Bell’s Motion for Contempt and a hearing was apparently scheduled to take place in March “to allow [Bell] to establish his damages for violation.” Whatever happened next is still unknown at this time.
At this point, the band’s status is still up in the air and it seemingly explains why Dino Cazares recently said “there is no new Fear Factory album.”