Alan P. Fox

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Alan P. Fox: Attorney with Capehart & Scatchard, P.A.
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Biography

Chair, Alternative Energy and Co-Chair, Real Estate & Land Use Practice

Mr. Fox focuses his practice on alternative energy (including wind and solar), banking, bankruptcy, creditors’ rights, workouts, commercial and transportation litigation, commercial transactions, business/corporate law, commercial and residential real estate, zoning and land use law.

Mr. Fox has developed his practice in the areas of commercial litigation, commercial transactions, bankruptcy, business law, real estate, real estate tax appeals, renewable energy law, zoning and land use law. He represents both lenders and borrowers in commercial lending. He has over 30 years of experience presenting land use applications before zoning and planning boards, including 8 years as the solicitor for the Riverside Township Land Use Board. He has litigated zoning matters at the appellate level. He successfully won a railroad condemnation case for a Class 1 railroad before the NJ Supreme Court.

His commercial real estate practice covers shopping centers, restaurants, retail, office buildings, manufacturing, warehouses and residential developments, as well as net metering and community solar energy projects. He navigates his clients through the local, county and the state regulatory permits and approvals process.

Currently, his alternative energy practice has expanded into transactions related to and obtaining zoning approvals for photovoltaic solar electric production systems in New Jersey, as well as transactional documents for solar projects including options and purchase agreements, easements, PPAs and related documents. His alternative energy practice is expanding into more growth opportunities including electric vehicle charging stations, development of the Offshore Wind industry and battery storage for alternative energy projects.

Mr. Fox’s commercial litigation experience covers a wide variety of industries, including banking, landscape, manufacturing, construction, automotive retail, real estate development, wholesale floral and solar energy projects. He also assists creditors with collections under notes and loan agreements, security agreements, mortgage foreclosure, replevin or assignments of rents. His representation of creditors in the bankruptcy court includes negotiating cash collateral agreements, stay relief motions, defending preference actions, non-dischargeability issues, rejection/assumption of executor contract or lease issues.

Publications

Recent Developments in Alternative Energy - Features periodic articles discussing recent developments in New Jersey’s alternative energy sector, Editor and Author, 2023 to present.

“Y2K Federal Statutory Update,” November, 1999.

“US Supreme Court Rules on Expert Reports,” October, 1999.

Classes and Seminars

“Short-Term Rentals: Navigating Uncharted Water of Airbnb and Vrbo Zoning and Land Use Issues,” National Business Institute, November 2025.

“Property Disputes: Partition Actions, Adverse Possession, Quiet Title, and More,” National Business Institute, June 2025.

“New Jersey Real Estate Law 101,” National Business Institute, December 2024.

“Commercial Real Estate Contracts A-Z,” National Business Institute, September 2024.

“Overcoming Real Estate Land Use and Environmental Challenges,” National Business Institute, June 2024

“New Jersey Real Estate Closings from Start to Finish,” National Business Institute, June 2024

“New Jersey Easements, Rights-of-Way and Eminent Domain,” HalfMoon Education, Inc., May 2024

“Trespass, Adverse Possession, and Unauthorized Use of Land Under New Jersey Law,” HalfMoon Education, Inc., April 2024

“Practical Guide to Zoning and Land Use Law in New Jersey,” National Business Institute, March 2024

“Commercial Real Estate Contracts A-Z: Drafting, Review, and Negotiation Tips No Real Estate Lawyer Should Do Without,” National Business Institute, December 2023

“Land Use and Zoning in New Jersey: From Application to Appeal - Walk Step by Step Through the Process With Insights From Seasoned Attorneys,” National Business Institute, November 2023

“11+ Real Estate Closing Problems-Solved: Protect Your Clients and Keep the Transaction Moving-Easement and Access Issues and Zoning Inconsistent With Intended Land Use.” National Business Institute, October 2023

“New Jersey Advanced Real Estate Law Guide 2023: Advanced Lease Provisions, Topics: Updates, and Tactics; Land Use, Zoning, and Development Updates You Need to Know,” National Business Institute, July 2023

“Drafting Specialty Leases: Farm, Restaurant Leases, and More - Expand Your Skillset and Draft Customized Leases,” National Business Institute, March 2023.

“Land Use and Zoning Issues 2023: Issues That Need to be on Your Radar,” National Business Institute, February 2023

Areas of Practice (5)

  • Alternative Energy
  • Banking & Finance
  • Business & Tax
  • Cannabis Law
  • Real Estate & Land Use

Education & Credentials

University Attended:
Rutgers College, Rutgers State University, New Brunswick, New Jersey, B.A., 1978
Law School Attended:
California Western School of Law, San Diego, California, J.D., 1984
Year of First Admission:
1985
Admission:
1985, Pennsylvania; 1985, New Jersey; U.S. District Court District of New Jersey; U.S. District Court Eastern District of Pennsylvania; U.S. District Court Western District of Pennsylvania
Memberships:

Professional Associations & Memberships

American Bar Association, Member

Builders League of South Jersey, Member

Businesses Committed to South Jersey, Member

Camden County Bar Association, Member, Debtor/Creditor Section

New Jersey Bar Association, Member, Debtor/Creditor and Banking/Finance Sections

Riverside Township Planning Board, Solicitor, 1996 - 2005

ISLN:
907315511

Peer Reviews

4.3/5.0 (15 reviews)
Martindale-Hubbell® Distinguished Rating Badge
  • Legal Knowledge

    4.3/5.0
  • Analytical Capability

    4.2/5.0
  • Judgment

    4.4/5.0
  • Communication

    4.3/5.0
  • Legal Experience

    4.3/5.0
  • 5.0/5.0 Rated by a Managing Partner on 05/14/14 in Bankruptcy

  • 5.0/5.0 Rated by a Partner on 05/14/14 in Bankruptcy

  • 5.0/5.0 Rated by a Managing Partner on 05/06/14 in Business Law

    I have known and worked with Alan for many years. He is a fine lawyer of the highest integrity. He deserves an A/V.

  • 5.0/5.0 Rated by a Managing Partner on 05/06/14 in Creditors Rights

  • 5.0/5.0 Rated by a Managing Partner on 05/06/14 in Business Litigation

    I have worked with Alan in a variety of complex cases over many years and he has consistently showed the highest level of analytical skills and judgment. He is works well with others and respects the Court and adversaries. I would not hesitate to r... Read more

    Read more
  • 5.0/5.0 Rated by a Managing Partner on 05/06/14 in Complex Business Litigation

    Mr. Fox is respected as one of the top lawyers in his area.

  • 5.0/5.0 Rated by a Partner on 05/06/14 in Commercial Law

  • 5.0/5.0 Rated by a Partner on 07/25/12 in Business Law

  • 4.2/5.0 Rated by a Unknown on 07/30/08 in Business Transactions

  • 4.0/5.0 Rated by a Partner on 05/06/14 in Bankruptcy Collections

    Not sure of his current practice area as I haven't dealt with him in quite some time. My review based upon experiences of more than 15 years ago.

Peer reviews submitted prior to 2008 are not displayed.

Client Reviews Write a Review

Location

Contact Alan P. Fox

Contact Information:

856-235-2786  Fax

www.capehart.com

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