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: Legal Pad | LA

Bergstein attempts to halt forced deposition

By Richard Binder

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On March 17, a group of 14 creditors sought to put five companies controlled by David Bergstein into involuntary bankruptcy. Judge Barry Russell subsequently appointed forensic accountant Ronald Durkin as interim trustee to oversee Bergstein's companies and examine his books, records and businesses.

For several weeks, Durkin did look at the books and records, but Bergstein refused to allow him to copy files from his personal computer, which he also uses for business, or that of his assistant Frymi Biedak, who also acts as his bookkeeper. Last week Durkin asked the court to order Bergstein to give a forced deposition on June 15 and to sit as long as it takes. 

David R. Weinstein, Bergstein's attorney, says Durkin's attorney has refused to confer in advance of the deposition concerning what the filing calls "substantive and other procedural issues" and therefore the judge should not allow this deposition to go forward.

While all this is going on, Bergstein and his business partner Ronald Tutor have apparently entered into an exclusive negotiating period with the Walt Disney Co. to acquire Miramax Films.

Full story at The Hollywood Reporter.

Full post as published by Legal Pad | LA on June 04, 2010 (boomark / email).

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