Bienert Katzman Littrell Williams LLP attorneys Steven J. Katzman and Tony Bisconti secured a more than $219 million judgment in favor of its client, the trustee of a liquidating trustee formed under the bankruptcy reorganization plan of the Yellowstone Mountain Club, LLC (“the Club”).
Following its successful dismissal of a $6 billion damage claim and meritorious motions for sanctions, BKLW filed a motion for summary judgment on the trustee’s claims to set aside a fraudulent release and to recover on two promissory notes totaling over $219 million. The defendant, the Club’s former owner, Timothy Blixseth (“Blixseth”), filed his own motion for summary judgment, arguing that the trustee’s claims were barred under the doctrines of res judicata and collateral estoppel. A judge in the United States District Court for the Central District of California granted BKLW’s motion and denied Blixseth’s motion, finding that a release executed by Blixseth must be set aside as a fraudulent transfer and that BKLW’s client was entitled to recover on promissory notes executed by Blixseth under a breach of contract theory.
In late June 2014, the District Court entered a final judgment in favor of BKLW’s client in the approximate amount of $219,850,784.
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