The New York Supreme Court has allowed a $45 million loan lawsuit against Harvey Weinstein to resume on Friday after pausing it for bankruptcy proceedings for The Weinstein Company (TWC) to complete. The case is set to return to court Nov. 27.

According to filings obtained by TheWrap, the company AI International Holdings filed the lawsuit against Weinstein and TWC back in November, when Weinstein was fired from his company amid multiple sexual assault allegations. AI argued that Weinstein’s dismissal prompted the loan being due immediately because of an “adverse” change in how the business was run.

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In April, after TWC began bankruptcy proceedings, a New York judge granted a temporary stay on the AI lawsuit. AI moved to separate the two suits to allow them to proceed in their lawsuit against Weinstein, whom unlike the studio he founded, has not filed for bankruptcy. That motion is still awaiting approval.

Weinstein has been indicted on six criminal sexual charges in New York, including two counts of sexual assault that hold a maximum sentence of life imprisonment. Weinstein is also facing further investigation into sexual harassment and assault allegations in Los Angeles and London, and faces several other civil lawsuits including a class-action RICO suit filed by several of his accusers and a separate one filed by actress Ashley Judd, who accused him of sabotaging her career.

Weinstein maintains that his interactions with all the women have been consensual and has denied any wrongdoing.

Pamela Chelin contributed to this report </s> A money-lending firm will go after Harvey Weinstein personally for repayment on a $45 million loan while his companies are locked up in bankruptcy proceedings, according to court records filed Friday.

AI International Holdings sued last November for immediate repayment of the money after the producer was ousted from his namesake company amid sexual misconduct allegations.

When Weinstein was fired on Oct. 3 the loan became due by default because of an “adverse” change in the business, AI argued in the lawsuit.

But the case has been in limbo since Weinstein’s companies, TWC Borrower and The Weinstein Company Holdings LLC, began bankruptcy proceedings in March. An automatic stay was entered on April 4 temporarily halting the case, ­according to Manhattan ­Supreme Court records.

AI and the defendants agreed to separate the cases so that the lender can go forward with its claims against Weinstein, who hasn’t personally declared bankruptcy, Friday’s court documents reveal. A judge must still approve the case’s division.

AI declined to comment. Weinstein’s lawyer, Elior Shiloh, said: “AI and its ownership was generous and assisted TWC at a critical time. It is appreciated.”

The parties are due back in court Nov. 27. </s> After months of legal purgatory, Harvey Weinstein is once again battling a multi-million dollar loan lawsuit.

Put on hold due to the bankruptcy proceedings of The Weinstein Company, the $45 million loan by AI International Holdings, is now once again on the docket of the New York Supreme Court and the disgraced producer may have to put serious money on the table, according to court documents filed Friday (read here).

AI International Holdings sued Weinstein last November for immediate repayment of the loan they made to TWC after Weinstein was ousted from the company he co-founded amid sexual misconduct allegations. AI argued in the lawsuit, that when Weinstein was fired, the loan became due by default because of an “adverse” change in the business.

The case has been in limbo since The Weinstein Company began bankruptcy proceedings in March and an automatic stay was granted by the court April 4 temporarily halting the case, according to court records.

AI and the defendants agreed to separate the cases so that AI can go forward with its claims against Weinstein, who hasn’t personally declared bankruptcy, Friday’s court documents reveal. The separation of the cases still must be approved by a judge.

Weinstein faces sexual assault charges in New York, two of those counts could land him in prison for life. He has pleaded not guilty to all charges.

Following reports by the New York Times and the New Yorker in October 2017 detailing accusations against Weinstein by several women, scores more have come forward with similar accounts of intimidation, harassment and assault. In addition to being investigated by federal prosecutors, the Manhattan D.A. and the NYPD, allegations against Weinstein have been reviewed by the LAPD, which sent a trio of cases to the L.A. County D.A. on February 8. As UK police continue their investigation, the Beverly Hills Police passed two cases of sexual assault that they say occurred in their jurisdiction to Jackie Lacey’s office on January 2. </s> NEW YORK/CHICAGO (REUTERS) - The Weinstein Company's bankruptcy filing will not protect ex-chairman Harvey Weinstein, who has been accused of sexual harassment and assault, an attorney for the studio told US Bankruptcy Court Judge Mary Walrath on Tuesday (March 20).

"We are not here to protect Harvey Weinstein," attorney Paul Zumbro said. "(The Weinstein Company) filing for bankruptcy relief in no way affects anyone's ability to pursue civil or criminal claims against Harvey Weinstein."

Weinstein, who co-founded the company with his brother Bob and once was one of Hollywood's most influential men, has been accused of sexual misconduct including rape by more than 70 women. He has denied having non-consensual sex with anyone. It has been unclear how his alleged victims would be treated in a potential bankruptcy filing.

The Weinstein Company filed for bankruptcy late Monday after it spent months looking for a buyer or investor. Texas private equity firm Lantern Capital agreed to buy the Company out of bankruptcy for US$310 million (S$408.8 million), setting the floor for other bidders in a court-supervised auction scheduled for later this spring.

The bankruptcy will halt victim's lawsuits against the company and any sexual misconduct claims would likely be compensated only after secured creditors are paid in full. A failed offer for the studio from former Obama administration official Maria Contreras-Sweet included an US$80 million to US$90 million compensation fund that would supplement any insurance payouts victims would receive.

As part of the bankruptcy filing, the Weinstein Company said it released anyone "who suffered or witnessed any form of sexual misconduct by Harvey Weinstein" from nondisclosure agreements.

"Since October, it has been reported that Harvey Weinstein used non-disclosure agreements as a secret weapon to silence his accusers. Effective immediately, those 'agreements' end," the company said in an emailed statement.

In court Tuesday, the film studio also received approval to tap some of its bankruptcy loan to make payroll for its remaining employees.

The Weinstein Company, which has won 28 Academy Awards, owns a film library of 277 feature films that have generated over US$2 billion in aggregate box office receipts worldwide.

Yet the company said in court papers it has lost about 25 percent of its workforce and many of its longtime business partners since October 2017, when accusations against Harvey Weinstein became public.

"It is an understatement to say that the last six months have been trying for the company," Chief Restructuring Officer Robert Del Genio said in court papers.

The studio has spent months looking for a buyer or investor. Before the deal with Contreras-Sweet failed, the company had tried securing rescue financing from other investors.

Lions Gate Entertainment Corp had made an earlier offer for some of the company's assets, as had Qatar-owned film company Miramax, which was founded by Harvey Weinstein and Bob Weinstein. Both could be among potential bidders in the auction.

Movie producer Killer Content also said bankruptcy would be the best option for the company and that it may be interested in the studio's assets in a bankruptcy auction.

Launched in October 2005, the studio produced and distributed critically acclaimed hits including The King's Speech and Silver Linings Playbook, as well as TV series such as long-running fashion reality competition Project Runway. </s> Harvey Weinstein’s attorneys are preparing a motion to have his case dismissed. According to The Hollywood Reporter, the movie producer’s legal team is planning to submit a motion for dismissal on the grounds that prosecutors didn’t share allegedly exculpatory emails with the grand jury that returned an indictment. In New York, where Weinstein is currently facing charges of sexually assaulting three women, in some cases prosecutors must share such evidence with a grand jury.

His attorneys first floated the defense Wednesday in Delaware bankruptcy court, where The Weinstein Company filed for bankruptcy in March. The bankruptcy court judge let Weinstein have access to his company emails and personnel files; now, his attorneys say, they have uncovered emails relevant to his sexual-assault case. “The emails are to be attached as exhibits to pre-trial motions — which must be filed in the Supreme Court of New York County no later than August 3, 2018 — seeking a dismissal of the indictment for, among other reasons, the failure of the prosecutor to advise the grand jury of the substance of exculpatory communications made by the one of three complaining witnesses underlying the counts of the indictment and contained in the e-mails sought for use here,” Weinstein’s latest bankruptcy court filing reads. The emails are currently confidential under a protective order.

Harvey Weinstein has pleaded not guilty on all counts, and continues to deny any allegations of sexual assault. He’s next scheduled to appear in court on September 20. </s> Just before courts closed on Monday, the Weinstein Company filed for Chapter 11 bankruptcy protection in the state of New York, and in doing so, released anyone bound by a Weinstein Company non-disclosure agreement.

According to The New York Times, the company had been trying to hold on, keeping open an option to reorganize under a different, less polarizing name, and looking for an “angel investor” who might come along and keep the struggling production company afloat. Several companies expressed interest, but no help materialized, and now Weinstein’s namesake company needs protection from its creditors.

The Weinstein Company will now likely go on the auction block.

In a move that should help Weinstein’s alleged victims — which already number in the dozens — the bankruptcy filing includes a clause releasing anyone kept quiet under a non-disclosure agreement. The filing suggests that anyone “who suffered or witnessed any form of sexual misconduct by Harvey Weinstein” is now free to come forward with their own allegations. – READ MORE </s> • US film and TV studio The Weinstein Company has filed for bankruptcy.
• The company, cofounded by Harvey Weinstein who dozens of women have accused of varying degree of sexual misconduct, says it has a stalking horse bid for its assets from the private equity firm Lantern Capital.
• The filing comes on the same day that New York Gov. Andrew Cuomo ordered the state attorney general to investigate how the Manhattan district attorney handled allegations against Weinstein.

NEW YORK (Reuters) - U.S. film and TV studio The Weinstein Company filed for bankruptcy in Delaware on Monday night. The Dallas-based private equity firm Lantern Capital has made a stalking horse bid for the firm, a person familiar with the matter said.

An investor group led by former Obama administration official Maria Contreras-Sweet terminated its offer for the company earlier this month.

The bid from Lantern will set the floor for higher and better offers for the studio in a bankruptcy court-supervised auction, added the person.

The Weinstein Company has been looking for a buyer since its ex-chairman Harvey Weinsteinwas accused of sexual misconduct, including rape, by more than 70 women. Weinstein has denied having non-consensual sex with anyone.

Spokespeople for The Weinstein Company and Lantern Capital did not immediately return calls for comment. The source could not be identified because the person was not authorized to speak to the media.

New York Attorney General Eric Schneiderman filed a lawsuit against the company and Bob and Harvey Weinstein last month, alleging that Harvey Weinstein sexually harassed employees and the company failed to respond. Bob Weinstein, Harvey Weinstein's brother, co-founded the company and is co-chairman.

New York Gov. Andrew Cuomo on Monday ordered the state attorney general Eric Schneiderman to investigate how the Manhattan District Attorney Cyrus Vance handled misconduct allegations against Weinstei n. The inquiry stems from Vance's decision in 2015 not to file charges against Weinstein on accusations that he groped Italian model Ambra Battilana, the New York Daily News reported.

Reuters reported last month that the Weinstein Company was looking for a loan that would carry it through its bankruptcy.

Hollywood trade publication Deadline Hollywood first reported that The Weinstein Company planned to file for bankruptcy as soon as Monday. </s> Harvey Weinstein’s attorneys have been granted an emergency hearing Thursday in Delaware bankruptcy court, as they seek permission to publish “exculpatory” emails from one of his accusers in his criminal case.

Weinstein faces six sex crimes charges in New York, involving three accusers. Weinstein’s criminal attorneys are expected to file a motion in New York Supreme Court to dismiss the indictment on Friday. On Wednesday, his attorneys in the Weinstein Co. bankruptcy case asked the court’s permission to include emails from one of the accusers in the publicly filed dismissal motion.

“It is Mr. Weinstein’s belief that these e-mails are material and exculpatory and the failure of the district attorney to provide this evidence to the grand jury warrants a dismissal of

 the indictment,” Weinstein’s attorneys wrote.

Weinstein was granted access to his work emails through the bankruptcy court in May. He had been seeking them since October, shortly after his ouster from the company, arguing that they would help him defend himself from sexual misconduct allegations, both in civil and criminal court.

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Weinstein has previously issued press statements with photographs of himself smiling with Rose McGowan and Uma Thurman at gala events, implicitly arguing that they undermine the actresses’ accusations against him.

Weinstein’s attorneys now want to publish some of the emails — they say less than 40 — while redacting information that would identify the accuser. None of the three accusers has been formally identified in court.

The attorneys intend to argue that the D.A.’s office should have shared the substance of the emails with the grand jury. The defense is expected to offer other reasons in support of its dismissal motion as well.

The attorneys have sought permission from the Weinstein Co. estate and from the committee of unsecured creditors, which represents some of Weinstein’s accusers in civil court, to publish the emails in question. The committee has been unwilling to grant permission without a hearing on the matter. The hearing is scheduled for 3 p.m. Eastern. </s> The Weinstein Company files for bankruptcy, dissolves non-disclosure agreements with sexual harassment accusers

The Weinstein Company filed for bankruptcy protection on Monday (19 March) with a buyout offer in hand from a private equity firm, the latest twist in its efforts to survive the sexual misconduct scandal that brought down co-founder Harvey Weinstein, shook Hollywood and triggered a movement that spread out to convulse other industries.

The company also announced it was releasing any victims of or witnesses to Weinstein’s alleged misconduct from non-disclosure agreements preventing them from speaking out. That step had long been sought by New York Attorney General Eric Schneiderman, who filed a lawsuit against the company last month on behalf of its employees.

“Since October, it has been reported that Harvey Weinstein used non-disclosure agreements as a secret weapon to silence his accusers. Effective immediately, those ‘agreements’ end,” the company said in a statement. “No one should be afraid to speak out or coerced to stay quiet.”

In a statement, Schneiderman praised the decision as “a watershed moment for efforts to address the corrosive effects of sexual misconduct in the workplace.”

The movie and TV studio becomes the first high-profile company to be forced into bankruptcy in the nationwide outcry over workplace sexual misconduct. Dozens of prominent men in entertainment, media, finance, politics and other realms have seen their careers derailed, but no other company has seen its very survival as tightly intertwined with the fate of one man as the Weinstein Company.

Some 80 women, including prominent actresses, have accused Harvey Weinstein of misconduct ranging from rape to harassment. Weinstein, who was fired as his company’s CEO in October, has denied any allegations of non-consensual sex.

The Weinstein Company said it has entered into a “stalking horse” agreement with an affiliate of Dallas-based Lantern Capital Partners, meaning the equity firm has agreed to buy the company, subject to approval by the U.S. Bankruptcy Court in Delaware.

Lantern was among a group of investors that had been in talks for months to buy the company outside of bankruptcy. That deal was complicated when Schneiderman filed his lawsuit, citing concerns that the sale would benefit executives accused of enabling Weinstein’s alleged misconduct and provide insufficient guarantees of compensation for his accusers. Talks to revive the sale finally fell apart two weeks ago when the group of buyers said they had discovered undisclosed liabilities.

The Weinstein Company said it chose Lantern as a potential buyer because the firm was committed to keeping on the studio’s employees as a going concern.

“While we had hoped to reach a sale out of court, the Board is pleased to have a plan for maximizing the value of its assets, preserving as many jobs as possible and pursuing justice for any victims,” said Bob Weinstein, who co-founded the company with his brother Harvey in 2005 and remains chairman of the board of directors.

Lantern co-founders Andy Mitchell and Milos Brajovic said they were committed to “following through on our promise to reposition the business as a pre-eminent content provider, while cultivating a positive presence in the industry.”

Under bankruptcy protection, civil lawsuits filed by Weinstein’s accusers will be halted and no new legal claims can be brought against the company. Secured creditors will get priority for payment over the women suing the company.

Schneiderman’s lawsuit will not be halted by the bankruptcy filing because it was filed by a law enforcement agency. Schneiderman said his investigation would continue and that his office would engage with the Weinstein Company and Lantern to ensure “that victims are compensated, employees are protected moving forward, and perpetrators and enablers of abuse are not unjustly enriched.”

Other bidders also could emerge during the bankruptcy process, particularly those interested in the company’s lucrative 277-film library, which includes award-winning films from big-name directors like Quentin Tarantino and horror releases from its Dimension label. Free of liabilities, the company’s assets could increase in value in a bankruptcy.

In more fallout over the scandal, New York’s governor directed the state attorney general to review a decision by the Manhattan district attorney’s office not to prosecute a 2015 case involving an Italian model who said Weinstein groped her.

The bankruptcy process will bring the company’s finances into public view, including the extent of its debt. The buyers who pulled out of the sale earlier this month said they discovered up to $64 million in undisclosed liabilities, including $27 million in residuals and profit participation. Those liabilities came on top of $225 million in debt, which the buyers had said they would be prepared to take on as part of a $500 million acquisition deal.

The Weinstein Company already had been struggling financially before the scandal erupted in October with a news stories in The New York Times and The New Yorker. Harvey and Bob Weinstein started the company after leaving Miramax, the company they founded in 1979 and which became a powerhouse in ’90s indie film with hits like Pulp Fiction. After finding success with Oscar winners The Artist and The King’s Speech, the Weinstein Company’s output and relevance diminished in recent years. The company let go 50 employees in 2016 and continuously shuffled release dates while short of cash.

Last year, the studio sold distribution rights for the movie Paddington 2 to Warner Bros. for more than $30 million.
The New York Supreme Court allows a $45 million loan lawsuit against Harvey Weinstein to resume after pausing it for bankruptcy proceedings for The Weinstein Company to complete.