Yellowstone Club Bankruptcy

Tim Blixseth Responds to Yellowstone Club Bankruptcy Allegations


By The Editors, 2-12-09

  Tim  Blixseth. Yellowstone Club courtesy photo.
  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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By BS, 2-12-09
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