Attorney trying to locate Bergstein computers

Trustee wants to examine, copy files in bankruptcy case

David Bergstein and Pangea Media Group's computers and files that interim bankruptcy court trustee Ronald Durkin wants to examine and copy have apparently been moved without the permission of the court, prompting a demand by an attorney for the trustee for information on where they are now located.

In an email to Bergstein on Thursday, of which THR has a copy, attorney Leonard Gumport, who represents Durkin, wrote that since Wednesday he has been trying to find out where the computers have gone and whether Bergstein and Pangea now have new offices.

Gumport declined comment. However, in his email, he reminds Bergstein that the bankruptcy court issued an order to preserve all records back in March, and that property of the five companies in the involuntary bankruptcy action cannot be moved without the permission of the trustee.

The email said Bergstein did reply to an earlier query by saying that offices on Wilshire Boulevard in the Westwood area of Los Angeles had been vacated because insurance on the premises had lapsed. That promptly this response: "Please immediately disclose the location of all computers, servers and property that were removed ... sometime last week without the knowledge or consent of the Interim Trustee."

Durkin previously filed a motion with the federal court to allow copying and examination of the computer Bergstein personally uses and that of his assistant/bookkeeper. Bergstein has filed a counter-motion saying he will not allow them to be examined because they are personal property, contain information beyond the scope of the bankruptcy case and because the trustee has not laid out protocols defining what information he must provide.

Bergstein did not return a call seeking comment.