- Phlogiston
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MISSOULA, Mont. (April 22) - A federal bankruptcy judge Wednesday continued until next week a civil trial over the alleged "looting" of the Yellowstone Club by the resort's former owner, Tim Blixseth.
In the years before the mountain resort he founded spiraled into bankruptcy, Blixseth lived a jet-setting life of luxury, bankrolled largely by a $375 million loan made to the club through Credit Suisse.
After transferring the bulk of that 2005 loan to his private accounts, Blixseth and his former wife, Edra, bought plush airplanes, sprawling estates in France, Mexico and Scotland and a private island in the Caribbean.
But with the club now more than $400 million in debt, its creditors say the loan should never have been diverted. The club, which has a private ski hill on 13,600 acres, counts former Vice President Dan Quayle and Microsoft 's Bill Gates among its more than 300 members.
The creditors are seeking to have the loan declared illegal and for Blixseth to return the money he received. They also want Credit Suisse to return to the club $146.4 million in principal and interest already paid.
"Enticed by the riches available from Credit Suisse, the Blixseths chose to breach their fiduciary duties (and) abandon the Yellowstone Club," creditors' attorney Thomas Beckett wrote in documents filed with the court.
In another brief, Beckett described Tim Blixseth as "looting" the club prior to transferring control to Edra Blixseth as part of their divorce settlement last August. The pair built the club in the late 1990s on former U.S. Forest Service land near Yellowstone National Park.
As the trial opened Wednesday, Blixseth's attorney asked for his client's case to be heard at a later date and separated from the creditors' claims against Credit Suisse. Attorney Joseph Grant said hundreds of thousands of pages of documents in the case were made available only Tuesday night, hobbling Blixseth's defense.
"We're not talking about hardship. We're talking about a fundamental denial of due process," Grant told the court.
U.S. Bankruptcy Judge Ralph Kirscher said Blixseth would be given another week to prepare, but would not receive a separate trial as his attorneys requested. He said pushing ahead with a trial immediately could have left the case open to appeals










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