Representative Debtor, Trustee and Committee Engagements
- Yellowstone Mountain Club (private ski resort), Chapter 11 # 08-61570, Montana (2008 – 2010)
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.
- 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 settlingand disbanding the LLC’s in an orderly manner.
- 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.
- 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.