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Jim Cossitt Wins UFTA Case

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On February, 13, 2013, in a one-day bench trial in Lincoln County District Court, Jim Cossitt, representing Larson Lumber Company(Larson),  obtained judgment against Bilt Rite Construction and Landscaping LLC, Yaak River Contracting, Inc, Anita Bartz and Casey Rankin (Defendants).

Larson asserted claims under both the: 1) actual fraud; and 2) constructive fraud prongs of the Uniform Fraudulent Transfer Act (UFTA), after Bilt Rite Construction and Casey Rankin failed to repay debts owed for purchased goods then resumed business under a new name in an attempt to avoid creditors’ claims.  The litigation had become a procedural jig saw puzzle, with:

a)    2 state court lawsuits (a collection and the UFTA action) that were eventually consolidated; and

b)    the bankruptcy proceedings of some of the individual defendants (which required stay relief motions, coordination of the federal bankruptcy proceedings to ensure continued progress of the state court case to trial).

The matter was tried before the court sitting without a jury on February 12, 2013.

As part of the decision, the defendant was ordered to pay Larson Lumber costs and attorneys’ fees. Read the decision here.

Cossitt Law represents clients in a wide range of business and commercial disputes.  Our representation of creditors in cases such as this is forthright, direct and assertive as we navigate them through the procedural maze of state court collection actions, past the delays by bankruptcy filings and stay focused on the goal of bringing the matter to conclusion. Our ultimate goal is to achieve the best result as efficiently as possible. Contact Cossitt Law at (406) 752-5616 to set up a consultation.

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