Mr. Cox joined HSSM at the beginning of 2021, bringing over twenty years of experience in the legal areas of restructuring, bankruptcy, and insolvency.  Mr. Cox is board certified as a specialist in the area of Business Bankruptcy Law.   He has represented corporate debtors, creditors’ committees, secured creditors, unsecured creditors, distressed asset acquirers, lessors, and equity holders in bankruptcy cases and out of court restructurings in matters throughout the United States.  He also has substantial experience in representing parties in bankruptcy related litigation, having prosecuted and defended dozens of bankruptcy adversary proceedings.  As part of HSSM’s Bankruptcy, Restructuring + Creditors’ Rights practice group, Mr. Cox focuses on assisting companies (big and small) in out of court work outs, restructurings, and, to the extent necessary, Chapter 11 bankruptcy filings.  He also represents creditors, distressed asset acquirers, and other parties in interest in bankruptcy and insolvency related matters.

Mr. Cox is active in the Bankruptcy Section of the North Carolina Bar Association, having served as the Chair of the section from 2011-12, and is currently the co-chair of the Business Subcommittee.  He is also committed to pro bono and community service, serving on the board of Charlotte Center for Legal Advocacy, as a “Champion” for driver’s license restoration in the Charlotte Pro Bono Triage project, and on the board of Arts+, a 50 year old non-profit organization focused on providing arts education to students of all ages, skill levels, and socioeconomic backgrounds.

Mr. Cox experience in bankruptcy and restructuring began with a judicial clerkship with The Honorable J. Craig Whitley, U.S. Bankruptcy Judge for the Western District of North Carolina.  Subsequent to that clerkship, he worked as an associate with Rayburn Cooper & Durham, P.A., representing companies in Chapter 11 bankruptcy cases, and then as an associate/partner at McGuireWoods LLP, where his work included serving on the team representing U.S. Airways in its Chapter 11 bankruptcy case.  Most recently before joining HSSM, Mr. Cox was a partner in the Bankruptcy and Creditors’ Rights practice group at Bradley Arant Boult & Cummings LLP.

Practice Areas

Education

  • Wake Forest School of Law, J.D. 1995
  • University of North Carolina – Chapel Hill, B.A. 1992

Experience

Chapter 11 Debtor Representations

  • US Airways, Inc. (Bankr. E.D. Va.). Part of team of attorneys representing US Airways in its second Chapter 11 bankruptcy case.
  • Xybernaut, Inc. (Bankr. E.D. Va.). Worked with team of attorneys in representation of technology based company in Chapter 11 bankruptcy case.

Creditors’ Committee Representation

  • Three A’s Holdings, LLC (Tower Records) (Bankr. D. Del). Worked with team of attorneys representing the Official Committee of Unsecured Creditors in bankruptcy case of Tower Records.

Creditor Representations in Chapter 11 Cases/Outside Bankruptcy

  • Represented senior bank lender in Chapter 11 case involving long haul trucking company (Bankr. W.D.N.C.).
  • Represented senior bank lender in workout and subsequent Chapter 11 case involving appliance store chain (Bankr. W.D.N.C.).
  • Represented senior bank lender in a single asset real estate Chapter 11 case involving Class A commercial building located in Raleigh, North Carolina (Bankr. E.D.N.C.).
  • Represented senior bank lender in Chapter 11 case of Colorado company selling team licensed products at sport venues throughout country (Bankr. D. Colo.).
  • Represented senior bank lender in Chapter 11 case of steel design and production company (Bankr. M.D.N.C.).
  • Represented lender in workout of commercial loans to owners of multiple Kentucky Fried Chicken franchises located in North Carolina and South Carolina.
  • Represented secured creditor in foreclosure and receivership involving Holiday Inn hotel located in Fayetteville, North Carolina.

Distressed Asset Acquisitions

  • Represented buyer in successful section 363 purchase of assets of golf retail company (Bankr. N.D. Ga).
  • Represented buyer in successful section 363 purchase of assets from manufacturing business (Bankr. C.D. Ill.).
  • Represented buyer in successful section 363 purchase of assets of manufacturer of die components (Bankr. W.D.N.C.).

Honors + Activities

  • Board Certified Specialist in Business Bankruptcy Law by NC Board of Legal Specialization
  • Best Lawyers in America selection, 2009-2021, Bankruptcy and Creditor Debtor Rights/Insolvency and Reorganization Law and Bankruptcy Litigation
  • Chambers USA selection, Bankruptcy/Restructuring, 2010-2020
  • North Carolina Super Lawyers selection, Bankruptcy 2012-2021
  • North Carolina's "Legal Elite," Business North Carolina selection, 2008, 2017
  • Safe Alliance – Pro Bono Commitment to Justice Award, 2019
  • North Carolina Pro Bono Honor Roll, 2019
  • Chair, Bankruptcy Section, NC Bar Association, July 2011-June 2012
  • Charlotte Center for Legal Advocacy, Board of Directors, July 2019-Present
  • Arts+, Board of Directors, July 2017-Present

Publications

  • “Bitcoin and Bankruptcy: Why creditors and bankruptcy practitioners need to understand   cryptocurrencies,” Westlaw Journal Bankruptcy, December 14, 2017
  • “Jurisdiction, Venue and Removal,” NCBA Bankruptcy Practice Manual, 8th ed., 2017
  • “My customer is bankrupt? But we just shipped them goods?,” Inside Counsel, June 2, 2015