Attorney Profile

James H. Cossitt

James Cossitt

Attorney & Counsellor at Law
202 KM Building, 40 2nd Street East
Kalispell, MT 59901-4563
Contact Contact James H. Cossitt
T: 406-752-5616

Visit: www.cossittlaw.com
Practice areas: Bankruptcy & Creditor/Debtor Rights (70%), Business Litigation (20%), Closely Held Business (10%)

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About James Cossitt

Admitted: 1998, Montana

Professional Webpage: www.cossittlaw.com/about.html

Special Licenses/Certifications: Board Certified, Business Bankruptcy Law, American Board of Certification, 2005, Board Certified, Consumer Bankruptcy Law, American Board of Certification, 1995
Bar/Professional Activity: Elected to Board of Directors, American Board of Certification, 2008, Chair of the Best Practices Working Group of the Ad Hoc Committee on Bankruptcy Court Structure and Insolvency Process, Business Law Section, American Bar Association., 2006
Scholarly Lectures and Writings: Served as a member of the  Ad Hoc Committee on Bankruptcy Court Structure and Insolvency Process, Business Law Section, of the ABA, which drafted and published  “Attorney liability under section 707(b)(4) of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005”, 61 Bus. Law. 697 (2006)., Task Force Member, 2006, Served as Chair of the Best Practices Working Group of the Ad Hoc Committee on Bankruptcy Court Structure and Insolvency Process, Business Law Section, ABA and, in that capacity,  supervised the publication of the “Working Paper: Best Practices for Debtors’ Attorneys”, 64 Bus. Law 79 (2008),
Representative Clients: Yellowstone Mountain Club, Chapter 11 # 08-61570, Montana,  Local counsel to Official Committee of Unsecured Creditors during Chapter 11 proceedings for this exclusive private resdeential development and ski resort in Big Sky Montana.  Assisted lead counsel with all phases of main chapter 11 case and in 6 day trial to in the Committee’s successful $375,000,000 fraudulent transfer action alleging predatory lending by Credit Suisse.  As a result of the claims prosecuted by the Committee’s trial team, Credit Suisse's security interest in virtually all of the assets of the Yellowstone Club was equitably subordinated, ultimately paving the way for a negotiated post-trial resolution, agreed vacation of the Court's interim order, successful reorganization and a prosperous future for the Yellowstone Club.  2008-2009., The Benchmark Companies, Inc., Chapter 7 # 98-52415, Montana (construction / builder)Counsel to Richard J. Samson, chapter 7 trustee, filed, prosecuted, negotiated settlements  and successfully concluded 20 preference cases and conducted in depth investigation into debtor’s financial affairs.  2000-2002., Crop Hail Management, Inc., Chapter 7 #03-61901, Montana  (insurance agency).  Filed case as counsel to petitioning creditors; later retained as special counsel to chapter 7 trustee to complete schedules, conduct extensive investigation into misappropriation of corporate funds by former management; filed, prosecuted and concluded 20-25 fraudulent transfer / insider preference  cases, conducted investigation into take over of debtor by competitor resulting in negotiating a favorable settlement on behalf of trustee with competitor.  2003-2006., Darby Lumber Company, Inc., Chapter 7 # 02-30483, Montana   (sawmill) Retained as bankruptcy counsel to represent /defend former directors and officers in extensive bankruptcy court, state court and US District Court  litigation, settlement discussions and appeals  arising in the Darby Lumber, Inc. Chapter 7 proceedings related to ERISA claims, attorney client privileges   (2001-2006)
Educational Background: BA, with distinction, Political Science, Iowa State University, Ames, IA, 1982

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