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While film financier David Bergstein has been often maligned, he is much appreciated on a slow news day. Because he’s the story that keeps giving. Not long ago, Deadline told you that a bankruptcy judge appointed a trustee to seize temporary control of the assets steered by Bergstein, including the Capitol Films and ThinkFilm labels. This came as a result of creditors seeking protection from the possibility that Bergstein would unload the library. Now, Bergstein is the one seeking protection. His lawyers filed a protective order against trustee Ronald L. Durkin and his motion to require testimony and production of documents by Bergstein and associate Frymi Biedak. The probing trustee wants to see things like computer hard drives. The trustee is one that Bergstein chose, after rejecting two nominated by the creditors.
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He picked the trustee, and now he won’t let him see relevant information? Then why did Bergstein pick him?
All this will accomplish is making him look even worse.
this is just part of the legal process. This guy gets blamed for everything…funds going bankrupt…paying bills from money the company owed him….whatever…..given the chance he would build the studio of the future.
Sounds like foreign sales agency Fabrication Films, who decides not to show clients, the respective owners of the IP, any relevant documentation or binding contract without extra contractual requirement of Non-Disclosure. They should change their name to Arbitration Films?
Of course he doesn’t want to release hard drives and Frymi-ized spread sheets. That would, uh… incriminate him. Stall, Stall, Stall is the absolute name of his game. He will eventually be forced to show his cards, charges will be filed, and he will flee to the Caymen Islands where most of YOUR money is hiding. He will then fight extradition for years to come, not losing any sleep in the process. Stall, Stall, Stall.
That or everyone else has it all wrong, and he’s really just a swell guy.
in litigation, one party always wants to see every email ever sent by the other side, its called a fishing expedition. so of course that’s what the trustee wants. its a wish list. and the otehr side wants to see all the dirt involved in getting a bunch of creditors to join the club to file the petition, lots of dirt in that process, too. anyone with an ounce of a brain knows that 75% of litigation is sorting out this process, it is routine and about as exciting as a paint drying contest.
we know that neither side is entitled to see everything, they are only entitled to the relevant stuff. just like any other litigation, it gets sorted out. why is this news, other than the trustee apparently has the phone number of a reporter? a slow news day indeed, when one side -the trustee- starts calling the reporters every day, its starting to smell like maybe the trustee has a lousy case? if your case sucks, litigate it in soundbites on the courthouse steps.