Phillip focuses his practice in the areas of business reorganization and bankruptcy and commercial payment services. He practices throughout the United States representing secured and unsecured creditors in business workouts, reorganizations, and bankruptcies. He has significant experience representing purchasers of assets in Chapter 11 and Chapter 7 bankruptcy cases, and other insolvency settings. He also counsels clients regarding payment systems operations and regulations, including stored value cards and gift cards.
Phillip has lectured on bankruptcy law at the University of Minnesota Law School, the Peking University Law Department, and at numerous continuing legal education courses. Prior to joining Gray Plant Mooty, he was a law clerk for Bankruptcy Judges Hartley Nordin and Margaret Mahoney.
Experience
- Representing a committee of unsecured creditors in the Chapter 11 cases of a group of boat manufacturing companies
- Representing a money service business in an out-of-court liquidation of multiple check cashing stores in and around New York City
- Representing a franchisor in purchasing a competing franchisor’s assets in its Florida Chapter 11 case.
- Representing the purchaser of a printing business in a California assignment for the benefit of creditors.
- Representing the purchaser of a computer software and hardware company in a Connecticut Chapter 11 case.
- Representing a secured working capital lender in the Minnesota Chapter 11 case, subsequent Florida Chapter 11 case, and ultimate liquidation of a motorcycle manufacturing company.
- Representing a money service business in the New York Chapter 11 case of a multi-state agent.
- Representing a franchisor in implementing a system-wide gift card program.
- Representing a stored value card company in evaluating a payroll card product.
Publications
- “Contracts in Bankruptcy,” Chapter 16, Minnesota State Bar Association—Minnesota Contracts Deskbook (2d ed.), 2009
- “Prepaid Cards and State Unclaimed Property Laws,” Franchise Law Journal, Summer 2007
- “Bankruptcy Overview for the Commercial Lender,” Minnesota Bankers Association, coauthor, February 2005
- “Bankruptcy Primer Series—Franchisees in Bankruptcy: The Franchisor’s Perspective,” 2004
- “Bankruptcy Primer Series—Software Licensees in Bankruptcy: The Licensor’s Perspective,” 2003
- “Lessons from the Ameriserve Bankruptcy,” Franchise Times, September 2000
- “Franchise Agreements in Bankruptcy: The Franchisor’s Perspective,” 2000
- “Pledges of Securities: Legal and Practical Challenges Under the UCC,” 1999
- “A Trip to Beijing (ABI Journal Interview),” International Insolvency News, October 1993
- “Chapter 11 Business Bankruptcies in the United States: An Introduction and Overview,” Peking University Law Journal, translated by Quin Yu, 1993
- “Franchise Agreements in Bankruptcy: The Franchisor’s Perspective,” 1992
- “The Technology Licensor in Bankruptcy: Licensee Protection Under the New Bankruptcy Code § 365(n),” Minnesota State Bar Association—Computer Law Section News, Summer 1989
- “An Overview of Franchise Agreements in Bankruptcy,” 1989
- “Lessor Rights and Remedies when a Tenant Files Bankruptcy,” Minnesota Real Estate Journal, coauthor, October 1987
- “A Bankruptcy Analysis of the Proposed Intellectual Property Bankruptcy Protection Act of 1987,” 1987
- “Bankruptcy Code Amendments,” The Bench & Bar of Minnesota, January 1985
- Editor, Minnesota Bankruptcy Bulletin, Minnesota State Bar Association—Bankruptcy Law Section, 1984-1985
Presentations
- “Commercial Real Property Leases in Bankruptcy: Representing Landlords or Tenants Effectively,” Minnesota State Bar Association—Real Estate Institute, coauthor, November 12, 2010
- “Leases in Bankruptcy: Tenant Rights and Representing Landlords,” Minnesota State Bar Association—Hot Bankruptcy Topics for Real Estate Lawyers, coauthor, July 29, 2010
- “Representing Commercial Landlords in Tenant Bankruptcies,” Minnesota State Bar Association—Real Estate Institute, November 13, 2009
- “The Commercial Real Estate Attorney’s Guide to Bankruptcy Law,” Minnesota State Bar Association—Real Estate Institute, November 14, 2008
- “Minnesota Mechanic’s Liens in Bankruptcy,” Minnesota State Bar Association—Mechanic’s Liens in Minnesota, October 15, 2008
- “Maximizing the Auction Price—Practical Considerations,” Minnesota State Bar Association—Bankruptcy Institute, coauthor, September 21, 2006
- “Aligning Your Practice with the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005,” National Business Institute, October 26, 2005
- “Hot Topics in Chapter 11,” Minnesota State Bar Association—Bankruptcy Institute, September 13, 2005
- “Minnesota Mechanic’s Liens in Bankruptcy,” Minnesota State Bar Association—Mechanic’s Liens in Minnesota, January 25, 2005
- “Basic Bankruptcy Seminar,” National Business Institute, June 30, 2004
- “Dotcom Failures—What to Watch Out For,” Minnesota State Bar Association—eCommerce Institute, October 16, 2001
- “Overview of the Bankruptcy Reform Act of 2001,” Commercial Law Institute, coauthor, April 25, 2001
- “e-bankruptcy: The New Economy Company in Bankruptcy,” Minnesota State Bar Association—Bankruptcy Institute, September 26, 2000
- “Asset-Based Loans in an E-commerce World,” MILE—Commercial Practice Institute, April 13, 2000
- Drafting Executory Contracts and Leases to Limit the Impact of Bankruptcy on the Non-Debtor Party,” American Bar Association—Business Law Section, March 26, 2000
- “Minnesota Mechanic’s Liens in Bankruptcy,” Minnesota State Bar Association—Mechanic’s Liens in Minnesota, February 19, 1999
- “Liquidating the Franchisor or Franchisee,” American Bar Association—Section of Business Law, April 4, 1997
- “Franchisee Bankruptcy Reorganizations,” American Bar Association—Section of Business Law, 1997
- “The Rights of Franchisors and Franchisees in Bankruptcy,” American Bar Association—Section of Business Law, April 4, 1997
- “Franchisee Use of the Federal Bankruptcy Act,” International Franchise Association, coauthor, May 22, 1995
- “How to Protect Secured Interests in Bankruptcy in Minnesota,” National Business Institute, Inc., June 15, 1994
- “Negotiation and Documentation of Out of Court Workouts and Restructuring,” Minnesota State Bar Association—Bankruptcy Institute, September 23, 1993
- “Proposed Chapter 10 Overview,” Minnesota State Bar Association—Small Business Chapter 11 Committee, Bankruptcy Law Section, May 19, 1992
- “Vanishing Collateral: Rejection of a Franchise Agreement that Serves as Collateral Subject to a Security Interest,” American Bar Association—Business Law Section, Business Bankruptcy Committee, Executory Contracts Subcommittee, April 11, 1992
- “Bankruptcy Developments Affecting Residential Real Property,” Minnesota State Bar Association—Real Estate Institute, November 23, 1991
- “Buying and Selling Assets in Bankruptcy,” Minnesota State Bar Association—Bankruptcy Institute, coauthor, October 4, 1991
- “Representing Real Property Lessors and Equipment Lessors in Bankruptcy,” Minnesota State Bar Association—Representing Creditors in Bankruptcy, April 26, 1991
- “Pension Plans and Pension Benefits in Bankruptcy,” Minnesota State Bar Association—Bankruptcy Institute, coauthor, October 4, 1990
- “Commercial Real Property Leases in Bankruptcy,” Minnesota State Bar Association—Commercial Leasing Conference, April 12, 1990
- “ERISA and the Employer—Employee Relationship in Bankruptcy,” Bankruptcy Litigation Conference, May 10, 1989
- “Effect of Bankruptcy on Mortgage Foreclosures,” Minnesota State Bar Association—Mortgage Foreclosures in Minnesota, May 5, 1989
- “Chapter 11 Post-Confirmation Case Administration,” Minnesota State Bar Association—Bankruptcy Institute, October 13, 1989
- “The Effect of Bankruptcy on Real Estate Leases and Other Executory Real Estate Contracts,” Minnesota State Bar Association—Real Estate in Bankruptcy, September 30, 1988
- “Protecting the Real Estate Transaction From a Subsequent Bankruptcy,” Minnesota State Bar Association—Real Estate in Bankruptcy, September 30, 1988
- “Effect of Bankruptcy on Mortgage Foreclosures,” Minnesota State Bar Association—Mortgage Foreclosures in Minnesota, March 25, 1988
Education
- University of Michigan Law School, J.D., 1982
- University of Nebraska, B.S., 1976, with distinction
Bar Admissions
- U.S. District Court, District of Minnesota, 1984
- U.S. Court of Appeals, Eighth Circuit, 1995
- U.S. District Court, Eastern District of Michigan, 1996
- U.S. District Court, Western District of Wisconsin, 2004
Professional Activities
- Minnesota State Bar Association Bankruptcy Law section, Past Chair
- American Bar Association, Business Bankruptcy Committee
- Hennepin County Bar Association
- American Bankruptcy Institute
- International Insolvency Organization (INSOL)
- Bankruptcy Practice Committee, appointed by the Chief Judge, U.S. Bankruptcy Court, District of Minnesota, 2009-present
- Turnaround Management Association