An attorney for David Bergstein is asking the federal bankruptcy court in Los Angeles to stop its court-appointed trustee overseeing five companies Bergstein controlled from getting records relating to his financial transactions with the Mandalay Bay Resort and Casino.
Separately, an attorney for the bankruptcy court trustee, Ronald Durkin, filed a motion to force a former Bank of America branch manager to testify and produce documents related to dozens of accounts that Bergstein, his related entities and associates had at a branch in Newbury Park, Calif.
The filing made Wednesday by Bergstein charges Durkin with violating a court confidentiality order by summarizing information about his business with Mandalay in a public court filing. "The disclosure of private information to the public is precisely what the confidentiality order was intended to prevent," Bergstein charges.
The transactions involving Mandalay Bay have been reported as involving large gambling debts and interest charges --...
Separately, an attorney for the bankruptcy court trustee, Ronald Durkin, filed a motion to force a former Bank of America branch manager to testify and produce documents related to dozens of accounts that Bergstein, his related entities and associates had at a branch in Newbury Park, Calif.
The filing made Wednesday by Bergstein charges Durkin with violating a court confidentiality order by summarizing information about his business with Mandalay in a public court filing. "The disclosure of private information to the public is precisely what the confidentiality order was intended to prevent," Bergstein charges.
The transactions involving Mandalay Bay have been reported as involving large gambling debts and interest charges --...
- 10/7/2010
- by By Alex Ben Block
- The Hollywood Reporter - Movie News
The interim trustee appointed by the federal bankruptcy court to oversee and report on Thinkfilm and four other companies controlled by Pangea Media CEO David Bergstein has filed his third status report, which concludes that he may never get all of the information he has been seeking. "It is doubtful whether David R. Bergstein will ever provide complete and adequate information," said Ronald Durkin, the former FBI agent and forensic accountant appointed for the involuntary Chapter 11 bankruptcy action.
Although federal judge Barry Russell on July 28 designated Bergstein as the representative of the companies that creditors want to force into bankruptcy, Durkin reports that Bergstein "has still failed to provide an inventory of the (companies) assets or allow" Durkin to copy information from the computer he personally uses or that of his assistant Frymi Biedak.
The report said Bergstein told Durkin much of the information from those computers is available on...
Although federal judge Barry Russell on July 28 designated Bergstein as the representative of the companies that creditors want to force into bankruptcy, Durkin reports that Bergstein "has still failed to provide an inventory of the (companies) assets or allow" Durkin to copy information from the computer he personally uses or that of his assistant Frymi Biedak.
The report said Bergstein told Durkin much of the information from those computers is available on...
- 9/27/2010
- by By Alex Ben Block
- The Hollywood Reporter - Movie News
David Bergstein and Ronald Tutor will have to start talking, a federal bankruptcy court judge ruled Tuesday.
Judge Barry Russell swept aside objections to the way his court-appointed trustee is proceeding in the involuntary bankruptcy case against five companies controlled by Bergstein, granting almost all of the requests to force depositions and presentation of evidence in the case.
Bergstein, his assistant/bookkeeper and his sometime partner Tutor were all ordered to give depositions under oath, and provide the interim trustee, Ronald Durkin, the documents he has requested, and make their personal and business computers available to be copied and examined.
"There's been an incredible lack of understanding about what I did when I appointed (the interim trustee to oversee the companies involved)," said Judge Russell early in a two-hour hearing in federal court in downtown Los Angeles. "I'm disappointed....I indicated I expected full cooperation and it hasn't happened. The positions taken are disappointing.
Judge Barry Russell swept aside objections to the way his court-appointed trustee is proceeding in the involuntary bankruptcy case against five companies controlled by Bergstein, granting almost all of the requests to force depositions and presentation of evidence in the case.
Bergstein, his assistant/bookkeeper and his sometime partner Tutor were all ordered to give depositions under oath, and provide the interim trustee, Ronald Durkin, the documents he has requested, and make their personal and business computers available to be copied and examined.
"There's been an incredible lack of understanding about what I did when I appointed (the interim trustee to oversee the companies involved)," said Judge Russell early in a two-hour hearing in federal court in downtown Los Angeles. "I'm disappointed....I indicated I expected full cooperation and it hasn't happened. The positions taken are disappointing.
- 7/20/2010
- by By Alex Ben Block
- The Hollywood Reporter - Movie News
An attorney for David Bergstein has filed an objection to stop the federal bankruptcy court trustee from forcing his client to give a deposition, produce additional documents and/or allow files in his computer and that of his assistant to be examined.
Separately, Bergstein and his business partner Ronald Tutor have entered into an exclusive negotiating period with the Walt Disney Co. to acquire Miramax Films and its library of 611 movie and TV titles, according to a report Friday in the L.A. Times.
Bergstein is officially an adviser on the Miramax acquisition to Tutor, who also heads one of the largest construction companies in the world and is said to be financing the proposed $650 million-plus deal along with two entities outside the U.S. who have not been publicly identified.
Bergstein previously told THR that they not only bid $650 million, but also would go up to $700 million, Disney's original target price,...
Separately, Bergstein and his business partner Ronald Tutor have entered into an exclusive negotiating period with the Walt Disney Co. to acquire Miramax Films and its library of 611 movie and TV titles, according to a report Friday in the L.A. Times.
Bergstein is officially an adviser on the Miramax acquisition to Tutor, who also heads one of the largest construction companies in the world and is said to be financing the proposed $650 million-plus deal along with two entities outside the U.S. who have not been publicly identified.
Bergstein previously told THR that they not only bid $650 million, but also would go up to $700 million, Disney's original target price,...
- 6/4/2010
- by By Alex Ben Block
- The Hollywood Reporter - Movie News
Frustrated by a lack of cooperation, the trustee overseeing five companies controlled by David Bergstein has filed motions in federal bankruptcy court to force Bergstein to sit for an interview and provide access to his personal computer.
Interim Chapter 11 trustee Ronald Durkin related in the legal filing Tuesday in Los Angeles that Bergstein has not kept his promises to provide complete records for the companies, which include ThinkFilm and Capitol Film Development, and has insisted on bargaining in return for full cooperation and agreeing to be deposed under oath for what is known as a Rule 2004 examination.
"Bergstein will not voluntarily submit to a Rule 2004 examination," Durkin wrote. "He may dispute that assertion, but it is a fact. ... Bergstein does not have the right to postpone his sworn examination by the interim trustee."
Among other revelations in the filing, Bergstein has not personally filed income taxes for the past three...
Interim Chapter 11 trustee Ronald Durkin related in the legal filing Tuesday in Los Angeles that Bergstein has not kept his promises to provide complete records for the companies, which include ThinkFilm and Capitol Film Development, and has insisted on bargaining in return for full cooperation and agreeing to be deposed under oath for what is known as a Rule 2004 examination.
"Bergstein will not voluntarily submit to a Rule 2004 examination," Durkin wrote. "He may dispute that assertion, but it is a fact. ... Bergstein does not have the right to postpone his sworn examination by the interim trustee."
Among other revelations in the filing, Bergstein has not personally filed income taxes for the past three...
- 5/26/2010
- by By Alex Ben Block
- The Hollywood Reporter - Movie News
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