Conde T. Cox
Conde T. Cox
Of Counsel
Education & Professional Qualifications
- J. D. with honors, University of Texas at Austin, 1979.
- B.A. with high honors, Southern Methodist University, Dallas, Texas, 1976.
- Admitted to practice in Oregon; Texas; U.S. District/Bankruptcy Courts for District of Oregon, Western District of Texas and Southern District of Texas; U.S. Court of Appeals for the 4th, 5th, & 11th Circuits; U.S. Supreme Court.
- Board Certified, Business Bankruptcy Law, Texas Board of Legal Specialization (1988-2005)
- AV Rated, Martindale Hubbell
Practice Emphasis
For 30 years, Mr. Cox has represented creditors and debtors in Bankruptcy Courts nationwide. He was mentored at the Texas Law School by Professor David Epstein in the 1970s, clerked for the Chief Bankruptcy Judge in Atlanta, and practiced in Austin as an AV rated partner at the firm of Cox & Rodnick for two decades before joining Greene & Markley in 2009.
As Debtor’s counsel, Mr. Cox has sought and obtained confirmation of Chapter 11 reorganization plans for a variety of businesses, including real estate development entities, manufacturers, restaurants, a cable television company, an insurance brokerage, farmers and ranchers, software companies, and a law firm. His Debtor practice is tax-sensitive, with particular attention paid to recurring insolvency tax problems, such as cancellation of indebtedness income, foreclosure-related gains, negative capital account recapture, and, for distressed corporate Debtors, preservation of net operating loss carry-backs and carry-forwards, (often their most valuable asset).
As Creditor’s counsel, Mr. Cox has appeared in hundreds of bankruptcy cases, seeking relief from the stay for secured lenders and maximizing the claims of unsecured creditors. He has represented Official Creditors’ Committees, banks, insurance companies, personal injury creditors, and landlord creditors, with considerable experience in negotiation of stock-for-debt for unsecured creditors. He has appeared on behalf of creditors holding multi-million dollar claims in many of America’s largest bankruptcy cases, including Kmart, Delta Airlines, Best Products, Dow Corning, Crimii Mae, Nash Phillips Copus, Levitz Furniture, and Movie Gallery I and II.
Mr. Cox has represented cherry-picking asset buyers, stalking horse bidders, white knight investors, and other bottom-feeding buyers familiar with the opportunities presented by the bankruptcy or insolvency of their competitors. He also has considerable experience in cases involving publicly traded debt instruments and interest rate derivative swap agreements.
Mr. Cox has been lead counsel, on behalf of both debtors and creditors, in over two dozen reported cases, including:
In Re International Horizons, Inc., 689 F2d 996 (5th Cir., 1982), cert. denied (evidentiary privileges in bankruptcy court);
In Re Lake Austin Centre, 106 B.R. 106 (BankrWDTex, 1989) (perfection of liens on rent);
In Re Schoneberg, 156 B.R. 963 (BankrWDTex 1993)(Chapter 11 plan confirmation standards);
First National Bank of Luling v Norris (In Re Norris), 70 F.3d 27 (5th Cir., 1995)(false financial statement debts in bankruptcy);
Boyce v. Greenway (In Re Greenway), 71 F.3d 1177 (5th Cir., 1996), cert. denied (personal injury judgments in bankruptcy)
Mr. Cox has been a panelist and speaker at bar seminars and CLE events, most recently at the 21st Annual Oregon-Washington Debtor-Creditor Section Bar Meeting and the 2009 Annual Meeting for the Oregon Debtor-Creditor Section Meeting, where he presented papers on the topics of business insolvency tax problems and multiple entity Chapter 11 cases. He is also the author of a monthly wine column, ‘Cellar Notes,’ for Portland Monthly magazine, was in 2004 a James Beard Award Nominee, currently carries a 10 handicap, and has over the years tossed flies tied to the end of his five-piece Winston 4-weight into every federally designated Wilderness trout stream in the Northwest.
Recent Articles
Solutions for Common Tax Problems of Financially Distressed Clients, 2011, Conde T. Cox
