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Clients
Representative Debtor, Trustee and Committee
Engagements
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.
(Credit Suisse v. Official Committee of Unsecured Creditors, #
08-61570-11, Adv. # 09-14 (Dkt. 289), 2009 Bankr. LEXIS 2047 at
*31(Bankr. D. Mont. May 13, 2009). 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.
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Crop Hail Management, Inc. (insurance agency), Chapter 7
#03-61901, Montana
(2003-2007)
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.
- 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 (2003-2006)
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.
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In
re Paul Schmersey, Chapter 7 # 02-51838, Montana
(2002-2005)
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.
Darby Lumber Company, Inc.
(sawmill), Chapter 7 #02-30483, Montana (2002-2006)
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.
The Benchmark Companies, Inc.
(construction / builder),
Chapter 7
#98-52415, Montana
(2000-2002)
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.
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Metz Farms, LP, (manufacturing company), Chapter 11 #
GG-97-04093, WD Michigan (1997-2000)
Appointed as Chapter
11 trustee, conducted investigation and produced report
outlining claims, causes of action, and related matters that
paved the way for a negotiated settlement.
- Fort Dodge Creamery Company (dairy), Chapter 7 #
X88-01550F ND Iowa (1988-1991)
Chapter 7 trustee in
involuntary case filed by Central States Pension Funds.
Conducted extensive investigation and multiple adversary
proceedings related to closure of company, insider transactions,
fraudulent transfer of farm and other assets, negotiated and
obtained approval of multi-party settlement. See In re Fort
Dodge Creamery Company, 117 B.R. 438 (N.D. Iowa 1990)
(Bankruptcy Rule 9027 - trustee's removal and remand of
shareholder's derivative action); In re Fort Dodge Creamery
Company, (Cossitt v. First American State Bank), 121 B.R. 831
(Bankr. N.D. Iowa 1990) (avoidance and recovery of postpetition
transfer under Section 549)
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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