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Attorneys
Fox, Gregory R.

Practices & Industries

Gregory R. Fox

Shareholder | Seattle | 206.223.7129 | foxg@lanepowell.com

Areas of Practice

Greg Fox focuses his practice in the commercial finance and financial institutions industries, with an emphasis on loan documentation, loan restructuring and enforcement, and commercial litigation matters.  His transactional work includes the negotiation and documentation of secured loans, seller financed transactions and loan restructurings.  Greg’s loan enforcement and commercial litigation practice involves UCC and real estate foreclosures, deeds-in-lieu, forbearance agreements, receiverships, prejudgment remedies, bankruptcy representation, deficiency lawsuits and the defense of lender liability claims.  In the course of his practice, Greg frequently provides guidance on matters involving the Bankruptcy Code, receivership law, and Articles 2, 2A and 9 of the Uniform Commercial Code.

Admitted to Practice

  • Washington
  • U.S. District Court, Western District of Washington
  • U.S. District Court, Eastern District of Washington

Academics

  • Willamette University College of Law (J.D., 2000, cum laude)
  • University of Puget Sound (B.A., Politics and Government, 1997)

Practice Group and Specialty Team Memberships

  • Bankruptcy and Creditors’ Rights
  • Business
  • Business Crisis Management and Emergency Remedies
  • Real Estate Litigation

Representative Loan Documentation Matters

  • Represented lender in $20 million revolving credit facility to multiple borrower wholesaler.
  • Represented lender in $4 million revolving and term loan facilities to food service company.
  • Represented foreign trust company lender in $7 million debtor-in-possession project financing secured by foreign-flagged vessel and deep sea submersibles.
  • Represented lender in $6 million revolving credit facility to online retailer.
  • Represented lender in $9 million revolving and term credit facilities to seafood processor.
  • Represented lender in $20 million revolving credit facility to lumber broker.
  • Represented lender in $6 million revolving credit facility to manufacturer of telecommunications equipment.
  • Represented state chartered bank in restructuring of multi-million dollar loan to regional transportation company involving enhanced credit support.

Representative Loan Enforcement, Workout and Commercial Litigation Matters

  • Represented national lender in the non-judicial foreclosure of 180-unit condo project in Tacoma, Wash.
  • Represented federally chartered bank in various real estate foreclosures and deed in lieu transactions involving commercial and residential real estate projects at all stages of completion.
  • Represented bank group in complex Article 9 private sale of operating technology company.
  • Represented national finance company in the appointment of a receiver and judicial foreclosure of an operating golf course.
  • Assisted state-chartered bank in the appointment of a receiver over lumber company borrower.
  • Assisted national bank in a negotiated workout involving multiple commercial properties.
  • Assisted lender group comprised of national banks in a negotiated workout of a sizeable credit secured by receivables and inventory.
  • Obtained Rule 12(b)(6) dismissal in favor of national bank in a lender liability lawsuit.
  • Defended finance company in multi-state lender liability lawsuits.
  • Represented Foreign Representative in one of the first Chapter 15 Bankruptcy Cases filed in the U.S. (In re Thow).
  • Represented purchaser of partially completed commercial vessel in the case of (In re Nichols Bros. Boat Builders).
  • Represented lenders and finance companies in obtaining relief from stay and adequate protection in various cases.

Publications

  • “Protecting Written Loan Terms in an Evolving Environment,” Issues and Answers magazine, Washington Bankers Association (November/December 2011)
  • “The Cost of Credit — How to Improve Your Chances of Collecting Accounts Receivable in a Down Economy,” Seattle Business magazine (December 2010)
  • “Judgment Enforcement in Washington: Third-Party Collection Matters,” Lorman Educ. Services (2009)
  • “Priorities Between Competing Security Interests and Liens,” Lorman Educ. Services (2007)
  • “Default, Repossession, and Disposition of Collateral,” Lorman Educ. Services (2007)
  • “Default and Enforcement of Security Interests,” UCC Revised Article 9 Deskbook, Washington State Bar Association, Co-author
  • “Lease vs. Secured Transaction: What’s the Difference,” Business Law Section Newsletter, Washington State Bar Association, Co-author

Speaking Engagements

  • “FDIC Insight — Loss Share Decision Making and Workout Issues and Other Regulatory Matters Impacting the Lending Environment,” TMA Cross-Boarder Conference (September 9, 2011)
  • “Maximizing Lender Recovery and Minimizing Risk on Condominium and Residential Projects Held as Collateral or REO,” Lane Powell Seminar (June 17, 2010)
  • “Third-Party Collection Matters,” Lorman Educ. Services (2009)
  • “Priorities Between Competing Security Interests and Liens,” Lorman Educ. Services (2007)

Awards and Honors

  • Named as a “Washington Rising Star,” Super Lawyers magazine, Bankruptcy & Creditor/Debtor Rights (2005-2011)

Professional and Community Activities

  • Member, American Bar Association, Business Law Section, Commercial Finance and UCC Committees
  • Member, Washington State Bar Association, Business Law Section, UCC Committee
  • Member, King  County Bar Associations
  • Member, Pierce County Bar Associations
  • Member, Equipment Leasing Association
  • Board Member, Turnaround Management Association