p. matthew cox · matthew cox is a shareholder with the firm and leads its bankruptcy and creditors...

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P. Matthew Cox [email protected] direct: 801.322.9182 fax: 801.363.0400 Introduction Matthew Cox is a shareholder with the firm and leads its Bankruptcy and Creditors Rights Practice Group. His practice focuses on representing financial institutions and other lenders in efforts to protect their collateral and loan rights in federal and state courts, including bankruptcy courts. In particular, Matt defends these lenders and other clients against avoidance, preference, and fraudulent transfer claims made by trustees and receivers. Additionally, he assists creditors in obtaining relief from the bankruptcy automatic stay and in prosecuting objections to confirmation. Matt currently serves as Board Chair of the Ronald McDonald House of the Intermountain Area and has been on the board since 2011. Matt has attended national training on board governance, board conduct, and board succession. He currently is on the Board of Directors at SCM and is a board member of the Utah Bankruptcy Law Forum. Matt defends clients against claims from borrowers or customers related to the Fair Debt Collection Practices Act, the Fair Credit Reporting Act and the Utah Consumer Sales Practice Act; and against claims asserted in bankruptcy court for the return of funds received by creditors. In these matters, he has represented law firms, hospitals, businesses, and collection agencies. To forestall litigation, Matt works closely with banks and lenders to help create robust loan and loan modification documents for compliance with federal and state guidelines. Over the past six years, Matt has devoted much of his time to defending dozens of trustee preference, fraudulent transfer, and other avoidance actions, with total damages in excess of $45 million, revolving around the C.W. Mining Bankruptcy case. Areas of Practice Bankruptcy and Creditors' Rights Commercial Litigation Commercial Real Estate Finance Financial Institutions Real Estate Real Estate Professional Defense Real Estate Transactions Trials Education J.D., University of Utah, S.J. Quinney College of Law, 2003 B.S., University of Utah, Speech Communications and Business, 2000 Bar & Court Admissions Utah State Bar Wyoming State Bar U.S District Court, District of Utah U.S.District Court, District of Colorado Tenth Circuit Court of Appeals Salt Lake City St. George 10 Exchange Place 555 South Bluff Street Suite 301 Salt Lake City, UT 84111 St. George, UT 84770 801.521.9000 435.673.8288

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Page 1: P. Matthew Cox · Matthew Cox is a shareholder with the firm and leads its Bankruptcy and Creditors Rights Practice Group. His practice focuses on representing financial institutions

P. Matthew [email protected]

direct: 801.322.9182fax: 801.363.0400

IntroductionMatthew Cox is a shareholder with the firm and leads its Bankruptcy and Creditors Rights Practice Group. His practice focuses on representing financial institutions and other lenders in efforts to protect their collateral and loan rights in federal and state courts, including bankruptcy courts. In particular, Matt defends these lenders and other clients against avoidance, preference, and fraudulent transfer claims made by trustees and receivers. Additionally, he assists creditors in obtaining relief from the bankruptcy automatic stay and in prosecuting objections to confirmation.

Matt currently serves as Board Chair of the Ronald McDonald House of the Intermountain Area and has been on the board since 2011. Matt has attended national training on board governance, board conduct, and board succession. He currently is on the Board of Directors at SCM and is a board member of the Utah Bankruptcy Law Forum.

Matt defends clients against claims from borrowers or customers related to the Fair Debt Collection Practices Act, the Fair Credit Reporting Act and the Utah Consumer Sales Practice Act; and against claims asserted in bankruptcy court for the return of funds received by creditors. In these matters, he has represented law firms, hospitals, businesses, and collection agencies. To forestall litigation, Matt works closely with banks and lenders to help create robust loan and loan modification documents for compliance with federal and state guidelines.

Over the past six years, Matt has devoted much of his time to defending dozens of trustee preference, fraudulent transfer, and other avoidance actions, with total damages in excess of $45 million, revolving around the C.W. Mining Bankruptcy case.

Areas of Practice

Bankruptcy and Creditors' RightsCommercial LitigationCommercial Real EstateFinanceFinancial InstitutionsReal EstateReal Estate Professional DefenseReal Estate TransactionsTrials

Education

J.D., University of Utah, S.J. Quinney College of Law, 2003

B.S., University of Utah, Speech Communications and Business, 2000

Bar & Court Admissions

Utah State BarWyoming State BarU.S District Court, District of UtahU.S.District Court, District of ColoradoTenth Circuit Court of Appeals

Salt Lake City St. George10 Exchange Place 555 South Bluff Street Suite 301Salt Lake City, UT 84111 St. George, UT 84770801.521.9000 435.673.8288

In addition, he represents well-known national auto lenders in numerous consumer bankruptcy cases each month.

Matt also maintains a significant practice assisting the owners of commercial properties in unlawful detainer or eviction proceedings against defaulting tenants.

Presentations & PublicationsAuthor, What You Can Do to Recover a Debt When Your Customer Files Bankruptcy; The New Value Exception to the Preference Statute, firm blog, June 2020

Professional & Civic InvolvementAmerican Bankruptcy Institute

Utah Bankruptcy Lawyers Forum

National Association of Chapter 13 Trustees

Utah Bar Association

Defense Research Institute

American Bar Association

Federal Bar AssociationRonald McDonald House - Current Chair, Board of Directors, Past Legal Counsel; Named 2014 Board Volunteer of the Year

Honors / Awards / Unique RecognitionRecognized as a Utah Super Lawyer by Super Lawyers MagazineListed in Best Lawyers in America® for Bankruptcy and Creditor Debtor Rights, Insolvency and Reorganization LawRecognized as Utah Legal Elite for Bankruptcy/Workout by Utah Business Magazine

Unique Recognition - Education

Law School: University of Utah, S.J. Quinney College of Law, 2003William H. Leary ScholarNote and Comment Editor, Utah Law Review

Representative MattersSuccessful defense of lender and recipient of property from bankrupt mining company in claims asserted by trustee for actual and constructive fraud, and preferential transfer.Counsel for commercial landlord in connection with negotiation, enforcement, and dispute resolution between landlord and tenants, including enforcement through eviction matters.Local Counsel for numerous large and small financial institutions and lenders in protection of their collateral and loan rights in federal and state courts, including bankruptcy. Currently managing a portfolio of approximately 30 new files a month, monitoring enforcement and maintenance of those accounts pending payments by the borrowers.Counsel for large national bank in connection with the preparation and review of loan modifications documents and compliance with federal and state guidelines.Manager of litigation team currently handling dozens of cases, with total damages sought in excess of $40 million.

Page 2: P. Matthew Cox · Matthew Cox is a shareholder with the firm and leads its Bankruptcy and Creditors Rights Practice Group. His practice focuses on representing financial institutions

In addition, he represents well-known national auto lenders in numerous consumer bankruptcy cases each month.

Matt also maintains a significant practice assisting the owners of commercial properties in unlawful detainer or eviction proceedings against defaulting tenants.

Presentations & PublicationsAuthor, What You Can Do to Recover a Debt When Your Customer Files Bankruptcy; The New Value Exception to the Preference Statute, firm blog, June 2020

Professional & Civic InvolvementAmerican Bankruptcy Institute

Utah Bankruptcy Lawyers Forum

National Association of Chapter 13 Trustees

Utah Bar Association

Defense Research Institute

American Bar Association

Federal Bar AssociationRonald McDonald House - Current Chair, Board of Directors, Past Legal Counsel; Named 2014 Board Volunteer of the Year

Honors / Awards / Unique RecognitionRecognized as a Utah Super Lawyer by Super Lawyers MagazineListed in Best Lawyers in America® for Bankruptcy and Creditor Debtor Rights, Insolvency and Reorganization LawRecognized as Utah Legal Elite for Bankruptcy/Workout by Utah Business Magazine

Unique Recognition - Education

Law School: University of Utah, S.J. Quinney College of Law, 2003William H. Leary ScholarNote and Comment Editor, Utah Law Review

Salt Lake City St. George10 Exchange Place 555 South Bluff Street Suite 301Salt Lake City, UT 84111 St. George, UT 84770801.521.9000 435.673.8288

Representative MattersSuccessful defense of lender and recipient of property from bankrupt mining company in claims asserted by trustee for actual and constructive fraud, and preferential transfer.Counsel for commercial landlord in connection with negotiation, enforcement, and dispute resolution between landlord and tenants, including enforcement through eviction matters.Local Counsel for numerous large and small financial institutions and lenders in protection of their collateral and loan rights in federal and state courts, including bankruptcy. Currently managing a portfolio of approximately 30 new files a month, monitoring enforcement and maintenance of those accounts pending payments by the borrowers.Counsel for large national bank in connection with the preparation and review of loan modifications documents and compliance with federal and state guidelines.Manager of litigation team currently handling dozens of cases, with total damages sought in excess of $40 million.

Page 3: P. Matthew Cox · Matthew Cox is a shareholder with the firm and leads its Bankruptcy and Creditors Rights Practice Group. His practice focuses on representing financial institutions

In addition, he represents well-known national auto lenders in numerous consumer bankruptcy cases each month.

Matt also maintains a significant practice assisting the owners of commercial properties in unlawful detainer or eviction proceedings against defaulting tenants.

Presentations & PublicationsAuthor, What You Can Do to Recover a Debt When Your Customer Files Bankruptcy; The New Value Exception to the Preference Statute, firm blog, June 2020

Professional & Civic InvolvementAmerican Bankruptcy Institute

Utah Bankruptcy Lawyers Forum

National Association of Chapter 13 Trustees

Utah Bar Association

Defense Research Institute

American Bar Association

Federal Bar AssociationRonald McDonald House - Current Chair, Board of Directors, Past Legal Counsel; Named 2014 Board Volunteer of the Year

Honors / Awards / Unique RecognitionRecognized as a Utah Super Lawyer by Super Lawyers MagazineListed in Best Lawyers in America® for Bankruptcy and Creditor Debtor Rights, Insolvency and Reorganization LawRecognized as Utah Legal Elite for Bankruptcy/Workout by Utah Business Magazine

Unique Recognition - Education

Law School: University of Utah, S.J. Quinney College of Law, 2003William H. Leary ScholarNote and Comment Editor, Utah Law Review

Representative MattersSuccessful defense of lender and recipient of property from bankrupt mining company in claims asserted by trustee for actual and constructive fraud, and preferential transfer.Counsel for commercial landlord in connection with negotiation, enforcement, and dispute resolution between landlord and tenants, including enforcement through eviction matters.Local Counsel for numerous large and small financial institutions and lenders in protection of their collateral and loan rights in federal and state courts, including bankruptcy. Currently managing a portfolio of approximately 30 new files a month, monitoring enforcement and maintenance of those accounts pending payments by the borrowers.Counsel for large national bank in connection with the preparation and review of loan modifications documents and compliance with federal and state guidelines.Manager of litigation team currently handling dozens of cases, with total damages sought in excess of $40 million.

Salt Lake City St. George10 Exchange Place 555 South Bluff Street Suite 301Salt Lake City, UT 84111 St. George, UT 84770801.521.9000 435.673.8288