Yellowstone Club Bankruptcy
Tim Blixseth Responds to Yellowstone Club Bankruptcy Allegations
By The Editors, 2-12-09
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| Tim Blixseth. Yellowstone Club courtesy photo. | |
Editor’s Note: Following is the full text of a statement from Tim Blixseth, founder of the Yellowstone Club, in response to allegations contained in a lawsuit prepared by the Yellowstone Club creditors committee.
“For more than two years I have kept silent watching my dream - the Yellowstone Club - and myself being ripped apart in the media, engineered by greedy and self-motivated individuals. The accusations against me are provably false, as we will now prove - in court. Some are as demonic and absurd as to defy a rational response.
I have been deeply hurt by these preposterous accusations, and my divorce. I have been staying out of the media fray knowing that it is futile to fight false charges in the media. I will now fight back - as my adversaries now know - in court.
My ex-wife’s entire goal was to wrest control of the Club from me in the divorce action with the advice and plotting of an unscrupulous law firm. They destroyed a $470 million dollar sale of the Club that would have protected everyone, negotiated by me over ten months and costing millions of dollars in due diligence; and there was a back-up offer for the same price lost as a result of the lawyers’ actions. The California divorce court judge denied their legal efforts to interfere with the sale, and prohibited them from contacting the buyer. They ignored the orders and did so anyway. The buyer backed out of the sale. They then used the media to destroy the Club’s reputation - all with one goal in mind - steal the Club at a fraction of its value. That is exactly what is happening now.
When the law firm threatened further litigation after the collapse of the sale, I had no choice but to allow her to buy me out of the Club in order to stop any further damage. She assured me, the members, and represented in court that she had secured over $500 million dollars available to pay off Credit Suisse in full, pay all accounts payable, (then current), and have sufficient operating capital going forward. I reiterate: The same unscrupulous lawyers represented to the court that they had this money available when they interfered with the sale. See Court pleadings and transcripts publicly available.
Last week, I announced my desire to prepare a bid in the pending bankruptcy proceedings to insure that the hard working men and woman - my friends - who have not been paid as unsecured creditors, would be paid; that Credit Suisse would be fairly dealt with; and that the members’ interests would be safeguarded. That was why I made my announcement. I cannot go forward until the exclusivity period is lifted by the bankruptcy judge. When that happens, I intend on moving forward with this plan.
Not coincidentally, most of the media attention with false accusations has paralleled court proceedings designed to extract money from me. The original media campaign several years ago involved the so-called LeMond case accusing me of ridiculous accusations that I diverted Club monies outside the ordinary course of business and engaged in fraudulent financial transactions. These accusations will now be conclusively proven to be false. It is my turn to have my day in court.
ALL financial transactions involving the Yellowstone Club have always been audited by KPMG, have ALL been done in the ordinary course of business, and in compliance with ALL laws, state and federal.
The Credit Suisse loan was approved by armies of accountants, lawyers, securities experts, the bond rating agencies, lawyers and accountants for Credit Suisse, and for the bondholders buying the bonds, etc with full disclosure. Credit Suisse did a total of 15 identical credit facilities totaling more than $4 billion dollars. Trying to re-write history on these commonly utilized transactions (in the thousands over the prior 20 years) would constitute a dismemberment of our financial system.
On August 13, 2008, the day I sold to my ex-wife, the Credit Suisse loan was not in default, was fully current, and had never been a day late. The Credit Suisse loan covenants allowed the borrower to declare dividends or permit the borrowing of $209 million dollars of the loan proceeds. That was the agreement approved by armies of lawyers, accountants and the bond rating agencies. The current motion to file a law suit against Credit Suisse is baseless. I am confident that they will prevail.”
- Tim Blixseth
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Comments
Tim you had an amazing vision and the team worked their butts off to build it for you and the members. The fact that the people who worked so hard got burned is a sin. The YC name is tarnished forever and all parties should be ashamed that payrolls were missed, vendors not paid and obligations not met. How all parties associated with this can continue to operate and argue over hundreds of millions of dollars while forgetting the employees and vendors is gross. They have all crossed a line of ethics and should all be embarrassed to look themselves in the mirror.
It would take some really big checks and some big bals to clean this mess up. Tim - you have done it before and I don't doubt you will show up with a check to start the clean-up process. I just question if any Montanan will be there to pick up a hammer or phone and help you rebuild the dream.
How about all ownership parties get together and sign a big letter of apology to the staff, vendors and members and beg for forgiveness- publish it in all newspapers and put it on billboards along Hwy 191.
Next - Pay everyone off + interest.
Next - Donate a large pile of money to people starving in the world.
Next - Open up YC to all the local Montanans for a ski season, donate all the money from ski tixs to local charities.
Next - Put the balance of YC land into conservation easments
And finally - come meet all the locals at church on Sunday and beg for forgiveness.
That is the only hope......
First, I am surprised by you candid display of a press release. I think the only thing which impresses me the most is that you have realized that NEW WEST is actually the only forum which covers the Yellowstone Saga openly and fairly. The Editors of the paper have shielded all parties from vicious attacks and have done the best when it covers the stories. Fair and accurate. I appreciate the fact this Blog has been less than fair with you but equally has attacked Sam Byrne, Edra Blixseth and others. The editors I believe have been fair to delete comments which were unforunded and sometimes hurtful. This is not to say that people are entitled to their opinion, however we must try and keep things clean in some manners as my good friend JOHN has stated.
I believe you know the facts of this case. Lets be honest shall we? Afterall you wrote the press release and it begs for a response. I know you read this site, thus I address me comments to you but in an open forum.
The transaction with CH (Sam Byrne) did not materilize because CH was unwilling to provide you proof of funding and you realized CH was possibly trying to take advantage of you in many cases which was proved by your legal team. You told Mr. Byrne to either provide you proof of his funding or you had no choice but to not extend the deadline for the sale. This is a fair an accurate statement correct? I also remind everyone that you, at no time every contimplated nor suggested that the club should be put into a 'Pre-Package' Bankruptcy, rather CH suggested this as a way to get rid of the unsecured creditors, Greg Lemond and reduce the CS loan. In fact, if you go back to the depositions of your Ex-wife and yourself, it was only CH making such a suggestion as early as February 2008. This is correct and assume this will come out in your court documents. In fairness to Sam Byrne / CH, he was only stating this because he was not receiving the documentation to give comfort to his investors. This is also correct as well and am sure you will agree.
I think its also fair to state the club in June, July and august was not doing well. You had used lines of credit to insure everyone was paid. Correct? I also give you credit as I know for a fact you were transfering monies to many companies to keep this afloat from your own pocket. This I have proof of substantially. You maybe disliked but at least you were trying to raise money in any effort to insure the banks were paid. Afterall you had good reason to insure the bank was paid and that was to protect you other investments or uses of the money.
You are very correct that no one can blame you for the loan agreement. You actually followed this to the letter of the law. Over 23 lawyers went through this agreement and CS allowed you to take 209m legally to spend as you wish and without providing security other than YC. Should you have informed the other sharholders? Legally the answer is Yes and morally the answer is YES. This was an error on your part but by insuring Greg Lemond got paid 20m was equal to his investment. The other B shareholders did not get anthing. This was a mistake. Greg Lemond with the 20m payment plus another amount from Edra in august is more than the legal amount owed under the proceeds of the loan. Why you settled for more was unknown to all B shareholders. A mistake or maybe you did it to protect the club?
Edra Blixseth, your Ex-wife did in fact go after the club as she believed it was worth more and probably had a vision that it was the 'Cure All' to her own personal fortune. Clearly she was only advised by legal counsel and not financial experts. Your comments are correct in your letter, she put on one of the best fights and in the end relied on Sam Byrne (CH) to give her funds to pay you off and assume control. As we all know she pledge Porcupine Creek to Sam Byrne (CH) to get the money to pay you off, make a further payment to Greg Lemond, pay bills at the club and pay off some of her own bills.
We can not fauly CH / Sam Byrne for doing this. It was not illegal. Cross Harbor is probably one of the most successful Distressed Asset funds in the USA. You may not like his personality but he is a very successful person in this industry and HAS DONE NOTHING WRONG under the letter of the law. He invested into the club. not a small amount but over 75m un and until the Chapter 11. Clearly you would agree he was the largest group to invest into the club? He loaned your Ex-wfe money, Legally! She was so convinced of her success and dreaming of becoming the 'Savoior of the Club' just to prove to everyone you were a fraud. So, CH and Sam Byren loan her the monies on a one month basis. Afterall so told CH/Sam Byrne she had Archer Capital standing by to grant her 70m USD against her house being Porcupine Creek. All parties are aware of this fact and so are you I believe. So what went wrong? Well it clear, your Ex-wfie borrowed too much money defending the divorce and Blxware. She borrowed money from any bank which woudl give her money on the basis she would get Porcupine Creek away from you. It worked and the banks all fell for it. Archer Capital is a smart lender in times like this and soon realized your Ex-wife borrowed more than she could pay back and could no longer come up with such funding. Clearly as the court documents show, Castle in France not selling was also a crushing blow to her over-all game plan.
Now in your statement you still show CH and Edra cooperated to buy the club cheap. This is an accurate statement but again its not illegal. Why? Listen CH / Sam Byrne did have leverage over Edra but also lent her 35m (well this is not true either as you owed some money to CH and edra assume that amount according to court records correct?) I think the top up amount must be around say, 23m? Anyway, Edra was in a position that he was the only one to help her and she took it, hook line and sinker! Yes CH was in the best position, HOWEVER, CH did nothing wrong! CS had the opportunity to provide a DIP Loan and they could not raise the money. Had it not been for Sam Byrne / CH the club would have been liquidated in November 2008 correct? The answer Tim is yes! CH / Sam Byrne had over 75m in the club and thanks to them they helped you cashflow the debt service at the club since late 2006 and all of 2007 with their investment. Right or wrong! Again, CH/Sam Byrne is not a group to under estimate but this Boston Fund is one of the best in the industry and knows distressed deals like no other and they are good at what they do but they do it legally and to the letter of the law.
Why chapter 11? There was no choice. No sales = No revenue.
So, Tim Blixseth you wish to enter the game again. Why not? Here is my advise to you as the above person clearly is not an investor and his wishes make no financial sense. The apology is the onyl thing I think is important but it stops there!
First, I would cooperate with Credit Suisse. Many people forget that CS is the administrator and not the Lender. It was a bond placement. Who purcchased the bonds? Great question! It was hedge funds and investment funds. Who supplied those hedge funds and investments funds? Well it was pension funds of teachers, firemen, etc. Hard working people invested their money in those funds and in turn those funds invested into the CS offering. It would be nice to say Cs takes the hit but this is not the case. AS the Editor rightfully points out, CS is fighting this as they are responsible to all the bond holders. I hope this is clear to all the readers. Sp back to the point:
1) Cooperate with CS to find the best possible solution. Clearly CS needs to write off some of the money as the market has turned and they should have demanded in March / June proof of funds from both your Ex-wife and You. Mitigate their losses but do not throw them to the wolves.
2) You presently own YCW assets and under the chapter 11 the remaining assets are still there according to court records. You have Turks with a purchase value of 30m, Tamarindo with a purchase value of 40m, Castle in France at 28m, your G4, your shares in Western Pacific and of course the other lands are worthless. This is significant in terms of security. Pledge these assets over to CS and cooperate with them. Clearly if this club is sold for 100m everyone looses and clearly CS needs to jump on board. The logical solution is to pledge these assets and have Cs jump into the game with you. Not bad advise huh!
3) you must pay back the unsecured creditors. This is where the CH plan fails. The only way you will get worker back on the mountain is paying them what they are owed. Apology aside, they will come back but if they get screwed they will not return nor will the workers and nor will future buyers. CS needs to adopt this plan with you. Meaning if CS has to write off 150m because this goes back into the club then give them shares in the upside potential of the club. The club wll come back but you must address the unsecured to insure the success of the club. Name one lawyer who is givig you this advise Tim? Listen, its all about keeping it Simple and not complicated.
3) The Club needs a new image, many do not trust you and the press has not helped! Do you deserve some of this? Yes Tim you do. You forgot where you came from despite the fact you always wanted the press to tell this story! Your a simple person who sees things others do not. good or bad you lost touch with who you were beacuse of the money. Somewhere inside of you I beleive there is a lot of good intentions but your follow through SUCKS! You need good advisors around you and not the KISS ASS people you presently employ! sorry to be so blunt but you need a sounding board and you have a 'MIRROR MIRRO ON THE WALL' of people telling you what they think you want to hear! Am I right?
4) CS needs to become your partner. You should offer 200m for the club plus pay off all the unsecured creditors. (CH /Sam are owed 25+ for the DIP Loan! This means 300m more or less. CS should loan to the new structure 150m and become a 50-50 partner with you. In return Tim, you assign the YCW assets as security over to the new JV. This give the new JV asset values worth over 100m plus the YC assets. This is more than enough to show the members there membership deposits are safe. Agreed?
Now, the club needs money as you undersold the annual dues. THey are too low. Every member, once you complete the above will in most cases top up the annual dues to 30,000 per year.
You and Cs need to provide a Mezzanie loan in the amount of 50m to carry the club until you liquidate the YCW assets. This should be on par per partnership. Fair terms and clearly recoverable once you sell the YCW assets at a fiar value.
Finally, you need to address the issues with you Ex wife. She is left with mounting debts and an estate which is pledge to the hill. Let her get on with her life the best she can. She needs to realize that happiness is worth more than a rented Gulfstream and having a large estate she cant pay for. She just needs to find happiness and too realize people never liked her for her money but had no respect for her when she was silent to them She is not a bad person, rather she was just hoping for the best and in some ways was in over her head. Its not nice to see people fall from Grace. In fact its a humbling experience no matter how much you loose. The attacks on her personal appearance are outright hurtful and those who write such things are insecure themselves.
Tim Blixseth, the time is now. This time you have addressed the press with bold claims and wish to be vindicated. You do have a chance to take back the club and move forward but must do so now with the support of CS, the unsecured and the members. Forgivness is a big word, I think everyone would settle for ' He did waht he said he woudl do' A mans word will always clear those who doubt. The attacks will stop once action is seen. 'Talk is Cheap' Tim Bliseth. You know all to well what i have said above is more than plausable. Clearly CH will put up a fight on value but at the end of the day, you actions will lead to a higher price for the club and more importantly, the courts will look to your actions of doing the right thing with the unsecured. Again, cooperate with CS and you win this fight and at a fair value. The respect will be give. We all know this market will come back and there is much value to take from the Club. Either you and CS agree to this or you both admit to everyone by not acting that the loan was in deed the failure of the club!
I await your swift action. Forget the court actions Tim, actions speak louder then words or press. Cooperate with CS to do the right thing.
I wish you God Speed.
mind trick.
Your mind powers will not work on me, boy.
Great Question but it comes down to how much should Greg have made on his small seed investment. Lets not forget Greg was only one of the B Shareholders. The Settlement amount was more than 12m more than what was owed to Greg but the 12m was to keep his moutht shut and stop damaging the reputation. clearly not honoring the settlment was a mistake of Tim. Tim made a decission to pay for the club or the premium to Greg, he chose the first. Listen, Greg was due legally 20m for his share based on the fact Tim treated the loan as a repayment of equity proceeds. THerefore Greg did receive his fair share and the 12 m extra was an inducment to go away from the club. Greg should be so lucky as the other B shareholders like Mike Snow et all got Screwed up till now. Tim did not pay because another fight broker out. Greg was going to be paid is Sam bought the Club, this did not happen, then he and Edra decided to fight for the club, why should he pay not knowing the outcome. Listen, I agree with your comment to some extent but lets be fair here, who write the chaeck for a premium when you do not know the outcome. Hope this helps.
As for Tim, he's a self serving snake oil salesman. The club needs to proudly show 'under new management' signs if it has any hopes of attracting new members.
As for the club itself I think it's unviable in its present form. Membership is one third of projected, it's bankrupt and yearly member fees don't cover the hefty staff and maintenance costs. I doubt YC was ever devised for the long term, just a way to flog property. Read Tim's career anecdote about upselling donkeys to see a scary parallel.
Great name! The club was loosing money but Tim always did find a way to pay the bills correct? Look at it this way, if he does cooperate with Credit Suisse and he turns over to CS the YCW assets, then He and CS become partners and reduce the losses owed to everyone. Lets not throw stones yet as everyone stands to loose a lot of money. Having Tim up the anti so to speak is a good thing even if you do not like the man. Donkey or no donkey I am sure many would like to see some of the money in their pocket. Now, Sam and CH have an equal chance as well to bid more for the group. Clearly the 'Low-Ball' offer was the bench mark but in no way was this CH final position, they are not stupid and know this game better than most. Clearly if Tim and CS team up they would be hard to stop. CS/Bondholders take an equity stake, carry more of the loan, Tim contributes Cash and asset for his part. Everyone wins but this also assumes Tim and Cs pay off the unsecured creditors and take a 'Haircut' of 20-25% loss to insure this happens. There is only one person who knows how to sell land like this and its Tim Blixseth. How can you argue that. Look who he sold to and he sold more than 2 billion in real estate before the CS loan! Listen, its time to up the bid and the person who bids the highest is best for the unsecrured, however CS is the only one which can make that happen and they need Tim to do it and Tim needs CS to insure he is not called on those notes he signed for in BGI
I wish it was that easy. Listen, Tim and Edra sold more than 2 Billion dollars worth of real estate. They made some great money on this and Cs loan was just a 2 inch layer of frosting on the cake. They had money to do YC in the first place. In fairness to Tim, he has no debt on those assets, remember, Edra took over BGI but Tim did in fact sign for those Promissory Notes and he knows he cant shelter those assets from CS bond holders through the veil of the Divorce.
Listen, what does it really matter? Tim is not a bad option consideraing all things and nor is Sam Byrne. They both love this club and they both seem the hidden value. Again, if Tim teams up with CS as I mentioned above its really got a fighting chance but again, Tim knows all to well if you want to get things done you have to grease the wheels and that means paying off the unsecured. Sure CS and Tim take a small loss but in the picture world, if CS takes equity with Tim and Tim donates the remaining YCW assets and cash for the future operations they could pull this off. Its not that far fetched. Tim still has cash and Edra is close to Bankruptcy according to one of the last three articles. Excuse me if this is incorrect but I read that somewhere in one of the last 3 articles. She owes a fortune to banks, Sam and it looks like some 20m to her blxware company. She is a survivor and her day will come again one day to rise up. For now its a humbling experience and is the reason I tell you to not pick on her personally unless you have gone through something like this.
Now, CH also has cash reserves and valued this at 400m last year and still can make this work. Why should they pay for the mistakes of others. They have profesional management but the only eroor in their thinking is looking after the members and moving forward. That is not a wrong thing by the way. Is short side thinking as no one will ever come up and work there again if they are not paid from the past and it will be that much harder to get any future member to join knowing such issues were never corrected. Again, thats a financial decission for the future return on investment CH / Sam need to address. Nothing in life comes cheap. Its like jumping in what you believe to be the fastest lane on the highway only to learn the slower one moves faster. I think you get my point I hope.
To summarize, encouraging a healthy bidding procedure is good for everyone. The fact Tim has come back into the Picture says alot about his character. Now, words are not actions but I assume Tim is reading these Blogs and hopefully he understands where I am going with all of this. Tim, you are in the best possible situation but you need CS and they neeed you and without the small guys the future is not there. Sam, you have the talent, the money and the experience and you have done nothing wrong, in fact you kept this club going and should be complimented for doing so. Therefore we have two horses in the game and thats a GREAT THING given this economy of ours. The members just want to get back to enjoying the mountain and skiing and insure their investments are protected. The employees want to get on with their jobs and the tradesmen and women want to earn an honest living. May the best group win and may those who have lost thus far benefit by such competition.
1.3B in sales. Over 40% of sales were 3rd party contracts therefore no money to Blixseths.
leverage, leverage, leverage
Do any of you have day jobs?
I've been watching this situation obsessively over the last few days, and casually for years. Today I like what I'm seeing. It would seem if more guys like you from disparate viewpoints pool your resources, the sooner this mess will get sorted out. Who knows what you'll find? Tensions are straining everyone, but it does no good to trade barbs on some message board for the riffraff like me to see. That just makes it more of a circus. And that just makes the riffraff think "the heck with these rich people, this is exactly the problem with big business." And maybe "I hope they lose big." But nobody wants that, because that would mean more of the little guys not getting paid.
This is such a convoluted deal it's going to need to be approached from several angles. Somehow this message board is the place where those angles can converge. Dang! Tim B's posting is either honest and sincere or a pretty convincing hoax. We'll never know unless some of you guys cooperate. There's not much more to lose, and at least you'll be putting your efforts into more than wasting them on duking it out.
Back to you, Blockhead
Listen there is enough assets and enough brains to pull all of this off for either camp. Lets just all agree to see one wins and that the Unsecured wins.
Not much else to say than this. I believe this message board should post the best business plan forward and help all the lawyers understand that this is not that complicated at the end of the day.
Approx:
Credit Suisse Bond Holders: 309m - 20% discount of a loss but benefits from being Equity Partner
CH / Sam Byrne: 26m - Paid in full with a big Thank you
Unsecured: 89m - Paid in full
Total debt: 424m
Tim's potential Assets if he puts into the 'Pot with CS'
Tamarindo Asset 30m
Turks & Caicos House 25m
Castle France 25m - Part of Chapter 11 and remains with club
G4 Tim B 12m
Western Pacific Shares TB 50m
Wyoming Land 3m
Scotland land 0m
Two Yacht Sales generated 12m
Tim Cash on Hand 45m
Total Asset Value unleveraged: 202m
Tim pledges assets to the JV and Cash
CS pledges cash and gives new financing Bond Holders and CS are now going for the upside.
In needs work but somewhere in this madness is a deal.
I'll admit, I'm a long time YC employee (currently - and hopefully will continue to be in the future - whatever it may hold) So I am part of the unsecured creditors and I'm upset just as other unsecured creditors are in this matter, as I've been here a long time and have alot of my "time" invested here - and I'm not happy to lose that.
I have read all these blogs - good & bad. Your comment #2 on this list - is the best of them all - thank you!
Anyone and everyone can finger point and complain of what is wrong with the situation - but your comments gave some very good reasonable sounding suggestions to "Fix-it" - or at least place a "bandage" on it so that it can start to heal itself.
I realize it is all hypothetical, but it's a start in the right direction for these comments. In the event those involved do read these blogs - it would be nice for them to consider some of your points. We can only hope!
Thanks again for the great suggestions - I'd go for it - but then again, I'm just a "small pea-in the pod". But something to keep in mind I guess, is that sometimes when trying to find the best solution(s), it is to make right with the "small peas" who usually will remain reliable and faithful to those that do them right - whereby one would prosper (not meaning merely monetary terms) more with them in the long run, rather than trying to appease the few "Green Peas".
http://www.mastersmindtechnologies.com/toygallery
Listen, I only listed those assets I felt should be pledged. I did not include the large parcel of land Tim owns in Palm springs where he was going to do the Oasis, I did not include in other 5 houses, his car collections, his art collections and I was guessing at the value of Western Pacific (That is his Timber Company he owns 1/3 of, Dolan family 1/3 and Primm 1/3) I know WP has significant land holdings in the PNW. Tim also has a helicopter, another small jet, an numerous private land developments.
CS loan really went to pay off Porcupine Creek debt and as far as I know this home is leveraged to the hilt but if you run a credit report on Tim Blixseth and all his companies, they owe nothing, not even a car lease, etc. Edra was the one with out cash and borrowed her way to fight, Tim controlled the cash.
It really is irrelevant is it not? If Tim is willing to throw all those assets he legally does not have to pledge into the pot this saves millions in legal fees and more like a year of time in the court system. By having Tim partner with CS, we get to start solving the problem. If we go at it your way how much time will this take? CS can not merely go to Riverside California and unwind a Divorce in a months time and then seize assets the very next day. We are talking about multiple lawsuits and this means somewhere in 2011 there will be a result. I agree that the outcome would not be favourable to Tim as it would appear he would loose those assets but it will take time and Tim actually did nothing wrong according to the loan docs.
This is all about putting together a plan and insuring the best party prevails under the notion that the unsecured get paid. I do not see the CH plan as of yet wanting to pay any of the unsecured but as I mention, we have only seen the first 'Ace' in CH's hand. Do not underestimate CH / Sam Byrne, this group can pull this off and do something for the unsecured if in fact they realize with out them the future is that much harder.
Finally, ask Tim yourself what funds he has available. Tim does have access to big money and Tim himself does have sizable assets and net worth. clearly not on the Forbes list but its still sizable and his assets (YCW / WP) are not leveraged or borrowed against thus giving him a strong security package to gamble with on YC. You are confusing Ms. Blixseth assets which are now almost in the hands of the banks. Again, I state that not to cause harm to Ms. Blixseth but she bet the 'House' to win control and in the end she did not realize how big of a financial monster YC really was. She won control of the two biggest assets and the two biggest cost areas. Her estate alone in the Divorce was rumoured to cost over $800,000 per month and we know what YC costs. Can you imagine what her lawyers were being paid? 1$10,000,000 plus I would imagine and keeping two planes flying at a cost most likely around $200,000 per month. Lets not forget her other lawsuit for Blxware, more legal fees, staff, etc. For a person with no income since for two years can you imagine the debt she took on to actually survive that horrific two years? I think its close to $50,000,000. Now we also learned about her son's failed housing development where she personally guaranteed $13,000,000 and is in court on Colorado with the loan provider, then we are told in the press she signed a promissory note for $20,000,000 to resolve her dispute on Blxware which went into default and the note was called in December 2008. Its a horrible picture on this side of the equation. Not only did the market work against her, all her investments did the same. It was an expensive lifestyle you can only afford if you have serious income. Given YC was not selling land when she won control, it left her a bigger gapping hole in her personal finances. It was for this reason Sam Byrne loan the money to her LEGALLY! She had no money to but Tim Blixseth out and as the court document have said, Ms. Blixseth was expecting over $75,000,000 from a group called Archer Capital. She was also expecting the French Castle to sell for $60,000,000. Those events did not occur and sent her in a spiral. If those two events would have happened I still believe the club would have done a chapter 11. It was a natural course and no one should blame Sam Byrne for doing this to the club. It was over due since August to clean up the mess and put this on to a correct path. CH / Sam Byrne is not trying to harm the club, in fact he put it into the best possible position for a new owner, whether that is him or another group.
Ask yourself this, 'Does it matter who the owner is if they pay some, most or all the unsecured off, provide working capital and pay some,most or all of the CS bond holders off'? We have tow people / groups who can do just that. Let let them present their plans in public. Both groups represent different ideas but believe the share in the idea to bring this club back and return jobs to the area. I believe jobs and income are most important into days economic situation and be thankful we have two groups looking to buy this club at a correct value. If Tim did not step into the scene, Sam / CH made a brilliant investment to get the club for the 'Starting Bid/Offer at 100m' but the area looses and the unsecured really loose correct? Sam / CH never for a minute assumed they would get this club for such an amount but needed to set the opening bid. Its very attractive to get people to look at it is it not? They set the small amount to attract buyers and NOT to buy the club cheap! Its a strategy deployed in Real Estate and when in court you have to be seen to being fair to the open market when in CH 11. Its a brilliant move and a fair play on the part of CH / Sam Byrne.
Does it really matter? Its an idea and clearly CS will not partner with CH would you agree? CS and Tim have a lot of commonality. CS to protect the Bond Holders and Tim to insure the Promissory notes are not called and he has assets legally owned by him he can put back in the pot. Tim did not steal the money, CS gave it to him and those assets are his until proven in a court of law!
Seriously, those of us who aren't millionaires and did not buy into the "dream" that was the YC have a hard time forgetting that Blixseth has made most of his money due to direct and indirect subsidies by the federal government--including the land swap without which he would have been unable to create the "dream".
New West should change its name to: New Wealthy. This website is noting more than a forum for wealthy developers and realtors pretend they are actually a part of the communities which they suck life blood out of...
I have nothing against Cross Harbor or Sam Burns. They are a talented group but it simply makes no sense for anyone other than Tim get back involved and take the Yellowstone Club over. The Club is Tim's idea and his dream. Give him a chance to finish it and you will not be disappointed. To have a group like Cross Harbor, or anyone else, buy this club for $100 million is absurd. Even if this was simply a bid to be used as a "starting point", it is an insult to owners, members and creditors alike. A plan needs to be put in place to take care of those who are owed money, work with CS and create new and innovative programs to get the Yellowstone Club back on track as fast as possible.
Tim has stayed quiet for way too long and I was surprised and relieved to hear Tim finally come forward and tell his side of the story. I have seen so many rights and so many wrongs in the development business and I can assure you that the only correct path is for Tim to get back in control.
Everyone forgets that this is not the only major development to file Chapter 11. Tamarack, Carefree Resorts, Daufuskie Island Resort, etc... and it wont be the last. To much inside fighting and inside chicanary is taking place to try and wrestle control of the club. The problem is that the only real chance the Yellowstone Club has of getting back to it glory days is to see Tim Blixseth walking around the club house working that $2.00 calculator with his right thumb.
Hang-em high.
Why doesn't anyone question why Blixseth gambled YC's future with the YC World disaster. I think that misadventure set YC's road to ruin. Having conveniently assumed many of those assets without ever paying for them, Tim may disagree.
Tim needs to 'fix' the Credit Suisse loan and the other creditors before he has the nerve to reenter the fray like nothing ever happened/changed. Saying my wife stupidly fought for those debts and won them, excusing your own bag of IOUs, just doesn't cut it. Let him be man enough to admit he steered it to the brink then jumped ship. If I hear him say 'divorce' or 'my wife' one more time I'll scream.
I only follow this saga for sport as 4 years ago my instincts told me schysters like Blixseth end up on the news and in court. I couldn't believe 'high net worth' individuals would invest with this former bankrupt rainmaker. Economic downturns expose the bottom feeders in the tide and here is Blixseth with a thousand excuses.
I turn to the learned George W for guidance:
"There's an old saying in Tennessee — I know it's in Texas, probably in Tennessee — that says, fool me once, shame on — shame on you. Fool me — you can't get fooled again."
Are you sure you want Blixseth back at the helm??
Yes, it is his "baby" and his vision. But somewhere along the line his vision got a little blurry. This was a profit making venture and then the profit making got out of control. If lots had stayed remained reasonable priced (REALATIVELY...considering what slopeside would cost in any of the major western ski resorts), the majority could have been sold by now. Instead the price of poker went way up, the publicity centered around the "playground for the rich", the world's most expensive home was going to be constructed and the YC World club was created. Those ideas were not on par with the ideals of the members that came to gather with their families. If he were to return...what agenda would it be under?
As a member and owner, the priority is to get the Club back on its feet, get the Big Sky community paid in full and back in support of the club and take care of all the employees that have hung in there. We must also treat Credit Suisse with respect. They loaned money in good faith and have proper collateral. I feel that a guy like Tim can sit down with CS, figure out a solution, put a plan together to get the club up and running and do so with a proper business plan that will work. Will he once again decide to build the most expensive home or do another World Club, I think just about all of us have learned something over the last 12 months.
As much as some think he is the devil incarnate, he is the man for the job, he has the resources and he has the talent. As much as some do not like it, they know deep down that Tim could get it done.
Bugle on
what are your plans? Let us know
Is this just a glimpse of how it will be the week after ski season ends, I for see 400 unemployed people around here in one fell swoop of the ax.
What a sad state of affairs for the employees. This is just another round of crap an top of crap.
This is sinful and for all the employees of YC still employed and for those that have been let go, God Bless all of you and I wish and hope we can get the right team in place ASAP. I will say it one last time. Tim Blixseth, love him or hate him, is the ONLY guy in North America that can put this deal together and get it done in todays environment. Edra needs to step aside and file Chapter 11 along with Mathew and call it a day. Was it really worth the $20 million to keep the club open for this season? What was the point? Those funds, plus the $80 or so million Edra has borrowed would have gone a long way to solving a great deal of YC's problems. Now we just owe another $20 million on top of the CS debt and Edra is in a hole she will never dig her way out of.
Keep on truckin
Forgot to answer you. It is a matter of economics. Edra's entire plan was about EGO-nomics and revenge-onomics. Hard way to do business.
Stay dry
Who is in charge? It is like an Abbot and Costello routine.
It needs to be known that Discovery is using their current position to make gains for themselves - and only themselves. They and their staff are taking advantage of the situation, and have NOT done anything for the Club to make it any better that it already was (or was not) - if anything they, DISCOVERY LAND CO. and it's Joke of a STAFF - have demoralized the Real YC staff!
Discovery cares not about any current and loyal YC employees. It is just in it to help themselves and give a "Rats-Bottom" about the real folk who run this place!
Whomever obtains control of the Club (if it ever is acquired and not shut down) PLEASE, PLEASE, PLEASE, give Discovery Folk the damn "Boot" that they deserve!!
Where did all the money go? Certainly not toward botched facelifts for you and Edra.
Come clean buddy boy - stop positioning yourself as the victim: too many criminals in your league have used the same excuse and made it "cliché".
Own up to it: you are a scam-artist who, by a lucky quirk of fate, got the chance to pull the old bait-and-switch on a particularly wealthy group of investors. You were never a businessman, just a snake-oil salesman. Hah! You never did see any value in education - otherwise you would have donated to Montana State University when your looser son went there (wow - was he a real pain-in-the-a$$ when he was there!).
The Discovery AX man Duckett makes the decisions without looking in the eyes of the employees and has Hans do his dirty work. The "discovery" team is destroying the will of the YC employees who have served without much question through this mess while praying they will still be getting a meager paycheck.
DLC had the balls to have the YC kitchen staff redo alll the menus because they could. They also have a campfire burning non stop outside the lodge which stinks up cars and the main lobby of the lodge while setting off the fire alarm at times - dumb. Discovery has enough clout that they do whatever they want. I hope the adhoc members can get control over this train wreck before she falls completely apart.
fact: a meeting was held among the sales and marketing staff today to discuss those being let go
fact: minutes after the meeting concluded, a DLC partner called and rescinded the layoff because DLC isn't yet the exclusive manager of the YC. the sales and marketing staff remains in tact through April 30th. TRUE STORY!
fact: almost a year ago and long before the bankruptcy, Tim Blixseth, while still majority owner and in complete control of the YC, stole the rightfully earned commissions of the sales and marketing team from several transactions!
question: TIM, since you are so concerned about paying all the employees back, do you plan on paying this team their commissions that you ROBBED them of last year?
You're better off getting out of that house of cards.
By the way there is now a warrant approved for Edra Blixseth for failing to attend court over other loans she co-signed.
If you read all my blogs you will see I am neutral but have attacked Tim on many issues. The point I make is does it really matter who owns the club as long as the unsecured are paid off and CS is made close to whole? You honestly think CHcan waive a wand better that TB? Tell me how? This is all about selling real estate and running a club. Not rocket science here. IF you want a one horse bid then ok, I agree CH is the best bid but CH cant waive a magic wand and employ people any better than TB. Pay off the debt, then pray big time the market comes back. THere will not be new construction for 2 years on this hill or any other hill and thats reality. TB is willing to pledge his YCW assets and has another big investor to come in with him. Put aside your differences, TIM create the club, yes created some of the mess giving the club over to Edra and now says he wants to insure the maximum price is paid. Wether its to cover his own ASS as you think really should not concern you as long as he pays off the unsecured and maximise the price does it not? You fault Tim but do not take the time to understand under tim's control he did the best he ccould to pay people when the market went soft in 2007/2008. The divorce dd not help either. Lay off the TB attacks and give us solutions. If TB wants to bid you are a fool not to hear the man out. He has a heart and merely wants to show everyone this side of him. People make mistakes and we cant make everyone happy but a one horse bid process is not good for anyone.
By the way, doyou own a home on the hill? You do realize if this entire club is sold for 100m, not only does CS bond holders get screwed so do all the home values on the Hill. Is this fair? Why attack TB when he is merely trying to do the right thing? This economy sucks. TB can walk away but at least he has the balls to comme back and help. That takes a lot of courage given the attacks against him. This is why I wish to stop attacking TB and see what he is all about. TB is horrible attacked and maybe he deserves some but he could walk away and it will take years for CS bond holders to unravel the promissory notes and assets, TB merely says' HERE I AM lets do a better deal for the benefit of those i brough into this mess. WHY is that a wrong thing. Now if this is all a lie on TB's part then you have every right to make your comments but TB is taking this very seriously so give the man a break.
Tim needs to be prosecuted to the full extent of the law for his crimes - and not given the chance to be in control of ANYBODY's money from here on in - including HIS OWN!
As for Edra, well, bad plastic surgery she'll have to live with and than may be punishment enough, but I still say she and Tim - and their loser con-son - should be forced to serve their sentences out on some desert island.
(OMG - and did y'all read: someone on this thread made a death threat to Tim and caused a Federal "security alarm" - HAH! - like there aren't any number of Yellowstone club members and workers who weren't thinking of doing the same. Oh COME ON!!!!)
Weak Tim, very very weak. You make no friends by filing frivolous lawsuits. Weak.
Love him or hate him, Tim is smart and someone you can never count out. He as a natural ability to get things done and put deals together. Accusing him of being a "hustler" or a "snake oil salesman" is absurd. Some people are letting their anger cloud their mind and their judgment.
Remember back a 2 years ago during the divorce when Edra was saying to the public that the club was facing insolvency and Tim did not have the funds to save it but she did. What happened Edra? Where the beef? What happened to the French guy that smoked one cigarette after another and stomped them on the ground in front of the lodge with all YC Employees watching. What a class act option that was!
All that talk did was stop people from buying property and then, the next year the world changed. I know because I was one who was prepared to buy a new property and decided to wait and see how the divorce turned out. Well we now know.
Give all bidders and equal chance for the sake of the Club, its employees and its members.
Tim is not - nor ever has been - "smart".
He IS sneaky and underhanded - which is why everything is playing out the way it is and blowing up in everyone's face.
The Yellowstone Club has nowhere to go but down. The only question now is: are you going to go down with it?
Sorry - bud - but this is a public forum and this trainwreck 3-ring circus is too entertaining - and the Blixeths too full of themselves - not to invite such commentary.
Happy landings!
SCHADENFREUDE!!!
The YC was based with the Mission of having family join the YC and have the security to enjoy it. That is not what is happening! There is a company as many know as DLC, this company is stripping the very core and heart of the YC apart.
DLC held a meeting that stated we would not even notice they were here
DLC disappeared for a few months, once they returned it was made very known they had returned, starting to layoff numerous positions with in the club and filling those positions with their own people ( are they going to find these employees jobs to help support their families, wake up and smell the coffee DLC you are bringing in your own employee's and getting rid of the people who need the jobs, just in case you haven't looked, there is not much to pick from)
DLC is trying to eliminate the security of the club and changing it to a concierge servie asking members when they first enter if they want cookies coffee ect......security can't do their job because DLC won't allow to rehire enough staff to help patrol, watch gates and check peoples activity on property.
DLC needs to leave the YC they don't have the best interest at heart and don't belong here. DLC doesn't care about the members and employee's, it cares only about it's image and financial gain in the future.
It is hard to believe that CH and Ad-Hoc are allowing DLC to ruin the very basis of the YC and for what.
The YC is the Hub of income for much of Montana and many other states, wether it is a YC employee or contractor coming to build in the YC. Who ever buys the club I hope you keep all these factors in mind. I agree that the club is on life support with the plug about ready to be pulled, yes it needs money to go forward.
The YC is a wonderful place to live but it could be even better. It should not be a season place, this should be a place where members feel safe and have many more eminities to offer. All costs money however which should come with time with the proper owner. We need to focus on having more people want to be permanent residence verses seasonal that is what is going to support the club and make it grow.
Right now the YC is a joke in the US, I don't find it very funny however they are making some valid points. Why don't we prove them all wrong and turn the YC back into what it stands for and why people came here to begin with.
TB and CH, I hope you are doing this to better the YC and not just make another name for yourself or company. Step back and look at the whole picture and see everything being effects, it not going to go anywhere if nobody can trust or owns it!!
I take it all back Tim, please, please don't sue me. You are a great, honest and upstanding person, and all those loans you took out were to help the destitute homeless lepers.
Don't sue me Tim, I promise to make up all kinds of good things about you.
You almost sound like your head of marketing or something. Did you actually buy your land or was it part of your package?
Listen, you clearly do not understand investments, in fact its people like you why the economy is in the crapper. SCREW the bond holders you say. How nice, did your mother or father not teach you responsibility? Write it off right? Shit you probably like the auto bail out didnt you. Something for nothing like your land? Pull your head out of your AXX. Even the Judge thought the CH plan was to say the least BS. Are you telling this forum CH did not loa Edra money to screw CS? Please! CH loaned money to TB on the first deal to tie up TB with 12m! CH wanted to BQ this from day one and found a poor sucker like EB. Listen, CH is a great client for the club but lets get the facts out shall we. Different styles to get to an end result. Why is TB so bad to take 209m from the club and not repay it? CH defaulted on the golf lot but got out of it by loaning 35m to EB. Why has CH not defaulted EB on the loan which has been indefault since Ocotber 2008? Is CH this bad of an investor knowing the banks are forcing her to her knees. Oh, yeah, they have the first deed right. Well, GC, it has to be liquidated now. CH plays the same as TB but they do it with a Pen and TB just tells you to your face. Let them both bid. YC is not going to se fun times if we have members like you saying its ok to screw CS and call it bad advise. People like you need to have your head examined. Let me guess you take loans to and say, tuff luck to the banks? Get a grip on life and getoff your butt and work hard for your money and then have some Axxwhole on a mountain say, sorry you idiot, CS deserves to loose your money. Who are you really? TB is just as good as CH and I hope TB wins this bet because at least he does not lend money to nieve women in Palm springs to steal a club and BQ it!
You sound like Edra even more than you sound like you are in marketing for YC!! I cannot believe that anyone would take the stance to screw the bond holders and screw CS. What a simple minded and selfish stance. If Edra would have started working with CS a year ago, instead of borrowing millions of dollars for nothing, leveraging every asset she has and letting CH completely run her over, we would probably not even be having these conversations.
Way to go Blockhead for nailing GC to the cross.
wear Tim's penalty.
You seem to think that whoever bids the higher amount wins. I doubt it's that simple. Cross Harbor isn't emburdened by paying for the debt now or the likely subsequent legal action CS has against Tim. Their bid is their bid and effectively cancels the debt. Whether Tim repays the debt at bidding time or later in court, there are several hundred million reasons not to have faith in Tims ongoing ability to run the show. It will be funny to see if Tim's offer includes more IOUs...
Blockhead and his Blixseth gang (of two) are perfectly entitled to their wish to have captain stupid back at the helm. GC's view is equally valid. Nailed nothing.
Can anyone clarify?
Its very clear that 'BY YES WE CANT' is more or less a prop up for CH. Did this blogger even both to read that the BQ judge is seeing through how CH has taken advantage of Edra Blixseth? They lead her down a path and control her every move. Why? Ch is clearly not stupid. CH could not control Tim Blixseth. At least Tim never came up with the plan to Bankrupt the club. CH suggested this almost 1 year ago and was in an email to Edra Blixseth in Edra's deposition on court records. Sam wanted to do this with Tim Blixseth but Tim would not play ball with Sam Byrne. Lets also not forget that it was Sam Byrne who never could prove he had the money to buy the club.
CH is just as guilty of clouding the issues and the 30 day loan to Edra for 35m was the starting point. Then it was locking away the Family Compund. The CH told her to hire FTI Consulting, to hire Mike Meldman / DLC and then when Edra had no my lawyers, CH recommended the Seattle Law firm. CH instructs and Edra is merely sitting back letting it all happen. CH is trying to buy the club cheap for over a year now. How can you say they are favored by the members? Ask around, the members started their own investment group to bid. CH is equally not liked and sorry to say this but Tim Blixseth is not liked by those around Edra.
Tim made a lot of people wealthy. Ok, some made less but get over it or go buy your own mountain.
Tim has NO DEBT, He does not own BLX Group. Edra became to greedy, she wanted the golf estate and the club and now she looses everything. Bo who. Get over it! CH is the new owner of the golf estate and who wants this at 700,000 / month.
Given Edra borrowed so much money and made so many promises to banks, friends and employees, how can she not do exactly with CH / Sam tells her to do. She does not think, she merely signs when CH says sign here! Edra went from billionaire to Sam's puppet. How sad is this and I believe the Judge already sees' the manipulation and control. Just wait for the Judge to learn that CH had this all planned. CBRE is selling what? where is the proof they sent the offering out to 18,000 clients? What clients? 60 offfers now? BS. CH is the only person at the table holding their 30m to do a deal with 70m in Promissory notes. BS. Come clean everyone, who really gives a shxt who pays the highest amount but lets not forget, Tim built the dream and ran it. It was not Chapter 11 during his helm.
This was always Tim's dream and CH and Edra have done everything in their power to destroy it while trying to pin the blame and all the problems on Tim.
Sorry group of individuals.