Big Sky, MT – Federal appeals court District of Montana bankruptcy judge Ralph Kirscher on Wednesday ordered ex-billionaire Tim Blixseth, the 61-year-old founder of the ultra-luxury Yellowstone Club residental development and private ski resort in Big Sky, to pay $41 million to creditors for damaging their reputation.
Wednesday’s award affirms a $286 million decision reached by a lower court Not included in the judgment, however, were damages to the club’s biggest creditor, Credit Suisse, as Kirscher ruled that the financial firm was aware that funds from a 2005 loan for $375 million would be diverted for Blixseth’s personal use.
Yellowstone Club filed for bankruptcy protection in 2008 shortly after Blixseth’s departure from the corporation during his divorce from ex-wife Edra Blixseth. Tim Blixseth already tried unsuccessfully to have Kirscher removed from the proceedings and blamed his former lawyer, Stephen Brown, for the $41 million judgment, and filed a federal lawsuit seeking $375 million in damages from Brown as well as current club owner Sam Byrne of CrossHarbor Capital Partners, several attorneys connected to the club’s bankruptcy and their firms. The club was sold to CrossHarbor in 2009.
The State of Montana also unsuccessfully sued Blixseth to try to force a bankruptcy to collect $57 million in back taxes. Blixseth paid $1.9 million in back taxes to California and Idaho in 2011 to prompt those two states to withdraw as plaintiffs from Montana’s tax litigation before seeking $808,000 in legal fees plus sanctions and punitive damages from the state of Montana. Blixseth is a resident of Washington State and his personal finances are held by a family trust incorporated in Nevada.
Attorneys for Yellowstone Club’s creditors have not yet reached a determination whether to appeal Wednesday’s decision.