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EXPERT WITNESS ENGAGEMENTS

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Representative Debtor, Trustee and Committee Engagements   

  • Yellowstone Mountain Club (private ski resort), Chapter 11 # 08-61570, Montana

Local counsel to Official Committee of Unsecured Creditors during Chapter 11 proceedings for this exclusive private residential development and ski resort in Big Sky, Montana.  Assisted lead counsel with all phases of main Chapter 11 case and in six-day trial in the Committee’s successful $375,000,000 fraudulent transfer action alleging predatory lending by Credit Suisse.  As a result of the claims prosecuted by the Committee’s trial team, Credit Suisse's security interest in virtually all of the assets of the Yellowstone Club was equitably subordinated, ultimately paving the way for a negotiated post-trial resolution, agreed vacation of the Court's interim order, successful reorganization, and a prosperous future for the Yellowstone Club.  (2008 – present)

  • The Benchmark Companies, Inc. (construction / builder), Chapter 7
    #98-52415, Montana

Counsel to Richard J. Samson, Chapter 7 trustee: filed, prosecuted, negotiated settlements and successfully concluded 20 preference cases, and conducted in-depth investigation into debtor’s financial affairs. (2000-2002) 

  • Crop Hail Management, Inc. (insurance agency), Chapter 7 #03-61901, Montana

Filed case as counsel to petitioning creditors. Later retained as special counsel to Chapter 7 trustee to complete schedules, conduct extensive investigation into misappropriation of corporate funds by former management; filed, prosecuted and concluded 20-25 fraudulent transfer / insider preference  cases, conducted investigation into takeover of debtor by competitor, resulting in negotiating a favorable settlement on behalf of trustee with competitor. (2003-2007)   

  • In re Paul Schmersey, Chapter 7 # 02-51838, Montana

    Retained as local counsel to represent Patch Rubber Company in bankruptcy matters relating to unauthorized trade secret use by former consultant. Domesticated foreign judgment, filed and successfully prosecuted dischargeability proceedings on behalf of Patch Rubber Company. (2002-2005) 

  • Darby Lumber Company, Inc. (sawmill), Chapter 7 # 02-30483, Montana

    Retained as bankruptcy counsel to represent / defend former directors and officers in extensive bankruptcy court, state court, and US District Court  litigation, settlement discussions and appeals arising in the Darby Lumber, Inc. Chapter 7 proceedings related to ERISA claims, attorney client privileges.(2002-2006)

  • In re the dissolution of Timberland Construction Company, LLC, #DV-03-638C, and Timberland Properties, LLC, #DV-03-612B, Montana 11th Judicial District Court, Flathead County

    Appointed as state court receiver to administer receivership assets & estate, assist with dispute resolution in the highly contentious dissolution and breakup of this business, and assisted parties in settling and disbanding the LLC's in an orderly manner. (2003-2006)

    Additional Business Debtor Engagements

    Barley’s Brewhouse and Pub
    Coaches Corner, Inc.
    Direct Communication Systems, Inc.
    Lang Creek Brewery, Inc.
    Positive Systems, Inc.
    Ski Mountain Sports, Inc.

    Representative Institutional Creditor Clients

    First Interstate Bank
    Flathead Farm Mutual Insurance Company
    Merlin Data Publishing Corporation
    U.S. Bank


    Representative Commercial Landlord Clients

    Diversified Global Group, Inc.
    G & B Real Estate Services, Inc.
    Granite Peak Investments, LLC
    Kalispell Center Mall
    The KM Building
    Outlaw Inn
    Westcoast Hospitality Corporation


    Representative Construction Industry Clients

    Construction Management Consultants, LLC
    Great Bear Builders, Inc.
    Timberland Construction, LLC
    Timberland Properties, LLC
    Trinity American Construction, Inc.


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CossittLaw.com © 2005
James H. Cossitt
Attorney & Counsellor at Law
Board Certified, Business & Consumer Bankruptcy Law

40 2nd St E Ste 202
Kalispell, MT 59901-6112
Tel (406) 752-5616
EMAIL

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