Phil's experience in and out of the courtroom gives him an upper hand when it comes to maximizing recoveries and minimizing risks for his clients in and out of bankruptcy.
Overview
Phil’s clients appreciate his litigation instincts when it comes to resolving conflict, whether it’s in the context of corporate bankruptcies or general civil litigation. Phil understands his clients’ objectives first in order to craft individual solutions.
Phil represents equipment financing and leasing companies, unsecured creditor committees, corporate debtors, trustees, banks and other entities in bankruptcies, workouts, receiverships and other commercial disputes. Recently he successfully reorganized a $35 million retail business in Chapter 11 bankruptcy.
Experience
Recently reorganized retail chain in Chapter 11 bankruptcy in the District of Minnesota through a confirmed plan of reorganization
Represents banks, equipment financing companies, landlords and other secured and unsecured creditors in bankruptcies and general civil litigation
Currently serves as national equipment lease enforcement counsel in general litigation, bankruptcy and workout matters
Obtains judgments and recovery of collateral for secured lenders and equipment lessors through litigation, replevin, foreclosure and other enforcement remedies available under the Uniform Commercial Code
Defends individuals and businesses in bankruptcy adversary proceedings, including proceedings involving alleged preferential and fraudulent transfers
Represents liquidating trustees in connection with confirmed reorganization plans in Chapter 11 bankruptcy cases
Represents lenders in connection with debtor-in-possession financings
Successfully litigated and won dismissal of numerous lender liability and contested foreclosures for a national financial institution.
Implemented a procedure for objecting to more than 100 claims totaling $35 million in the HMX bankruptcy cases in New York, resulting of nearly $12 million in reduced claims, doubling the return for unsecured creditors
News & Insights
News
Speaking Engagements
"Bankruptcy Strategies and Pitfalls for Secured Lenders and Equipment Lessors," Iowa Association of Corporate Counsel's 6th Annual Corporate Counsel Forum, 2018
Publications
“Equipment Lessors: Stay Alert When Your Lessee Files For Bankruptcy,” Attorney At Law, February 2014
“Bankruptcies Are Not A Matter of Right: Bad Faith Filings,” Attorney At Law, September 2013
Recognitions
Recognitions
Selected to the 2023, 2024 editions of Best Lawyers in America©
Professional & Civic Activities
Professional & Civic Activities
Minnesota State Bar Association, Bankruptcy Section
- Bankruptcy Bulletin, Editorial Board
American Bar Association, Business Law Section
Stout University Foundation, Board Member
Practices & Industries
Admissions
- Minnesota
- U.S. District Court for the District of Minnesota
- U.S. Court of Appeals for the Eighth Circuit
Education
University of St. Thomas School of Law, J.D., cum laude
University of Wisconsin-Stout, B.A., summa cum laude
