Yvette A. Cox, Member

Yvette A. Cox
Direct
T 614.229.3208
F 614.221.0479
Columbus Office
T 614.221.3155
F 614.221.0479

Yvette practices in the areas of bankruptcy, commercial banking and finance, commercial law and transactions, workout and transaction restructure, creditor and debtor rights, corporate reorganization and commercial litigation. She is a frequent lecturer on creditor and debtor rights, and she has presented at numerous seminars for the Columbus Bar Association, The Ohio State Bar Association, and various other organizations and businesses.

Noteworthy Experience

  • Negotiation and documentation of lending transactions - commercial, real estate, construction and development, retail finance, vehicle and equipment floorplan finance and receivables warehouse finance.
  • Formation and representation of National Bank operating subsidiary relative to certification as a Community Development Entity in successful application for allocation of tax credits under New Markets Tax Credit Program, U.S. Department of the Treasury.
  • Representation of National Bank in matters with the United States Office of the Comptroller of the Currency and matters with the Federal Reserve Bank and Federal Reserve Board of Governors.
  • Representation of National Bank in formation of Financial Holding Company.
  • Representation of Bankers Bank in formation of Financial Holding Company.
  • Representation of National Bank as Lender in loans involving fleet motor vehicle leases held by Delaware Titling Trust.
  • Representation of various financial institutions in regulatory and compliance matters.
  • Representation of sellers in sale of manufacturing facilities at multiple locations in reorganization context with adverse creditors.
  • Defense of fiduciaries in action filed by debtor; issues of fiduciary status, res judicata and collateral estoppel.
  • Represented major secured commercial lenders in Chapter 11 reorganization proceedings.
  • Represented as counsel and special counsel numerous other creditors, trustees and creditors' committees in Chapter 11 reorganization proceedings.
  • Represented numerous financial institutions in lending workout and problem loan restructure.
  • Represented numerous financial institutions in threatened and/or filed lender liability actions.
  • Represented debtors in successful Chapter 11 reorganization proceedings.
  • Prosecuted commercial foreclosures and other commercial litigation with receivers.
  • Initiated and prosecuted state court receivership for principal secured creditor to sell multi-state steel processing facilities as going concerns or at liquidation. (Successfully obtained dismissal of two involuntary filings during pendency of receivership.)
  • Conducted hearings on valuation of commercial enterprises, (e.g., apartment complexes, hotels, manufacturing facilities).
  • Prosecuted Creditor Chapter 11 plan through confirmation and consummation.
  • Defended and prosecuted commercial bankruptcy litigation (e.g., fraudulent conveyances, preferences, stay litigation, dischargeability, venue and bad faith filing litigation.)
  • Sale-leaseback/transaction interpretation litigation on behalf of commercial mortgage lender.
  • Representation of commercial landlords in Chapter 11 cases.
  • Representation of Disbursing Agent with claims review responsibility in significant Chapter 11 case (prosecuted over 300 claims objections, including those involving retail shopping center leases).
  • Prosecution of injunction action involving proprietary information and trade secrets.
  • Defense of wrongful termination action by former bank officer against national bank. Contested matter relative to Fifth Amendment issues in the context of a Chapter 11 case.
  • Successful prosecution of the first "fast track" Chapter 11 in the Southern District of Ohio.
  • Successful prosecution of first Chapter 12 cases in the Southern District of Ohio

Affiliations and Civic Involvement

  • Columbus Bar Association (Bankruptcy Committee, past chair; United States Bankruptcy Court Judicial Liaison Committee, past chair)
  • Ohio State Bar Association

Professional Recognition

  • Selected as an "Ohio Super Lawyer," by Law & Politics, 2007 Edition, 2008 Edition and 2009 Edition

Education

  • Capital University Law School, (J.D.) Order of the Curia
  • The Ohio State University (B.A.; M.A.)
     

Bar Admissions

  • Ohio
  • U.S. District Court, Southern and Northern Districts of Ohio