Phil concentrates his practice in receiverships, commercial financing, agricultural and agribusiness financing, and workouts and bankruptcy. He is a frequent CLE lecturer on commercial financing, UCC, renewable energy and workout and bankruptcy topics. Phil has also taught a course on agricultural marketing and production contracts in the LLM program at the University of Arkansas Law School.
Experience
- Represented senior lenders in the VeraSun Energy Corporation bankruptcy concerning the acquisition, sale, and refinancing of six ethanol plants located in Minnesota, Iowa, Michigan, North Dakota, and Nebraska
- Represented senior lenders in connection with the bankruptcy of 55 MMGY ethanol facility in Minnesota
- Represented lenders in litigation arising out of winding down of multistate swine operations relating to the determination of priority of various security interests and agricultural liens
- Represented national trade organization in connection with 2008 Farm Bill and United States Department of Agriculture regulations relating to competition in the livestock industry
- Represented senior lenders in more than 25 renewable energy projects (including ethanol, wind power, and biodiesel) totaling more than $1.75 billion in Minnesota, Iowa, Nebraska, Indiana, Michigan, Wisconsin, Missouri, and Illinois
- Represented administrative agent in a $400 million syndicated revolving credit facility for multi-state integrated agricultural producer
- Represented administrative agent in a $175 million syndicated financing for agricultural processing facility in Missouri
- Served as Chapter 11 trustee and represented bankruptcy trustees in $30 million check kiting and $350 million Ponzi scheme cases in Minnesota and Missouri
Publications
- "Farm Legal Series," University of Minnesota Extension, coauthor, June 2009
- Business Workouts Manual, West Publishing, coauthor, 2009
- Debtor-Creditor Handbook, Minnesota CLE, coeditor, 2003-2012
Presentations
- "Complications of Multiple Lenders," Minnesota CLE, December 8, 2010
Education
- University of Minnesota Law School, J.D., cum laude, 1977
- St. John’s University, 1974
Bar Admissions
- 8th Circuit Court of Appeals, 1985
- U.S. Supreme Court, 1985
Professional Activities
- American Bankruptcy Institute
- American Bar Association, Business Law section, Agricultural and Agri-Business Financing Subcommittee, past chair; Business Bankruptcy, Commercial Financial Services and Uniform Commercial Code committees, member
- American College of Bankruptcy, Fellow
- Minnesota State Bar Association, Bankruptcy Law Section, past chair
- Minnesota State Bar Association, Business Law Section, past chair
- Turnaround Management Association
Honors and Distinctions