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EXPERT WITNESS ENGAGEMENTS

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Expert Witness Engagements

Barbara H. Katz, Trustee in Bankruptcy of the estate of Kenneth R. Biebel and Ann M. Biebel v. John C. Kucej
Case # NNN-CV-06-5004131-S, Superior Court for the Judicial District of New Haven, Connecticut.  Retained by defense counsel to serve as testifying expert to defend negligence action brought by chapter 7 trustee.  Undertook extensive review of schedules, statement of affairs and related papers, advised and consulted with defense counsel.  Trial set for 2/2010.

Langdon M. Cooper, Trustee in Bankrupcy for Paul Kenneth Maloy and Margaritte Elizabeth Maloy v. Sigmon and Gray, Layton, Kersh, Solomon, Sigmon, Furr & Smith
Adversary proceeding # 09-3058, chapter 7 case # 07-30813, United States Bankruptcy Court for the Western District of North Carolina Charlotte Division.  Retained by defense counsel, O. Max Gardner, to assist with defense of matter.  Briefly reviewed a small amount of pleadings and case settled shortly after engagement began.

Charles L. Smith, Chapter 7 Trustee of the Estate of Rose Way, Inc. v. Thomas G. McCuskey, Jeffrey P. Taylor and Klinger, Robinson, McCuskey & Ford
Case # 4-96-CV-10865, United States District Court for the Southern District of Iowa.  Retained by Chapter 7 trustee (June 1997) to serve as Plaintiff's expert on issues relating to SOL in § 546 and duty of care by Chapter 11 trustee in pursuit of preference claims worth approximately $3 million.  Prepared affidavit in support of Motions for Summary Judgment which resulted in favorable settlement of case.

Patterson, Lorentzen, Duffield, Timmons, Irish, Becker & Ordway v. Rebecca Shivvers 
Case # CL-61787, Iowa District Court for Polk County.  Served as Defendant's expert on counterclaims against law firm; testified at deposition (April 1995) and at trial in Des Moines, IA (September 1997).  Jury returned verdict for $65K in favor of Defendant.

Larry & Janet Wiewel v. Sharon W. Grossenbach 
Case # 94-CV-0170, District Court for the City & County of Denver, State of Colorado.  Served as Plaintiff's expert; testified at deposition (September 1994) and trial (January 1995).  Dismissal at trial on SOL after Plaintiff's case.

Vernon C. Stipe, et al., v. First Interstate Bank of Polson  
Case # DV-02-197, Montana Twentieth Judicial District Court, Lake County.  Retained in 2004 by Sullivan, Tabaracci & Rhoades on behalf of Plaintiff to testify as to reasonableness of fee award.  Analysis of pleadings & motions and prepared for testimony.  

George Madden v. John H. Dalton, et. al
Case # DV-92-149-M-CCL, United States District Court for the District of Montana.  Retained by Wold Law Firm on behalf of Dalton in 2002 to serve as expert on effect of bankruptcy filing on pending litigation.  Prepared affidavit in support of Motion to Dismiss for failure to prosecute case which resulted in dismissal of case.  Reported at  19 Mont. B. R. 184 (D. Mont. 2001)

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James H. Cossitt
Attorney & Counsellor at Law
Board Certified, Business & Consumer Bankruptcy Law

202 KM Building
40 2nd St E
Kalispell, MT 59901-4563

Tel (406) 752-5616
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