Philip J. Gross Counsel

New Jersey
T 973.597.6246 | F 973.597.6247



Philip’s practice focuses on counseling secured and unsecured creditors, debtors, and committees in commercial bankruptcy proceedings, as well as on providing banks, funds, and other clients with structuring and out-of-court advice. He guides clients through all phases of bankruptcy matters to ensure their success, from pre-bankruptcy negotiations and first-day hearings through plan confirmation and beyond. Philip has extensive experience in national contested bankruptcy hearings and trials, Chapter 15 recognition and Chapter 9 municipality proceedings, and bankruptcy appeals at the federal district and circuit court levels.

Prior to joining Lowenstein Sandler, Philip was an associate at Kaye Scholer LLP in New York City. He served as the 2006 Milton Pollack Fellow in the Southern District of New York (SDNY), where he worked with the Honorable Loretta A. Preska, Chief Judge of the United States District Court for the SDNY, and former Attorney General/SDNY Chief Judge Michael B. Mukasey to draft a report for district court judges on issues and challenges that arise in high-security and terrorism trials, entitled “Guide to High Security & Terrorism Cases” (2006). The guide has been extensively cited in publications issued by the Federal Judicial Center, including Robert Timothy Reagan’s “National Security Case Studies: Special Case-Management Challenges” (Federal Judicial Center, June 25, 2013).

Representative Engagements

Hanjin Shipping Co., Ltd. – District of New Jersey, Chapter 15 recognition proceeding, counsel to several container terminal operators and railway/transportation carrier.
Horsehead Holding Corp. – District of Delaware, counsel to official committee of unsecured creditors.
United Mine Workers of America – bankruptcy counsel to labor union in the following bankruptcy cases: Patriot Coal Corp. (Bankr. E.D. Va.); Walter Energy, Inc. (Bankr. N.D. Ala.); Alpha Natural Resources, Inc. (Bankr. E.D. Va.).
View More...

Speaking Engagements

  • Bruce Nathan and Philip Gross presented “Is Your Ship Stranded at Sea? Demystifying Chapter 15 of the Bankruptcy Code and Recent Cross-Border Insolvency Developments,” on March 17, 2017. Sponsored by NACM Northwest, the program demystified Bankruptcy Code Chapter 15's complexities, discussing how Chapter 15 works, what Chapter 15 filings are being used to accomplish, and practical advice for trade creditors when a foreign debtor files a Chapter 15 case.

  • Bruce Buechler and Philip Gross presented at the 19th Annual William H. Gindin Bankruptcy Bench-Bar, Hilton on March 10, 2017. Philip participated on a panel addressing Chapter 15 cross-border insolvencies, with a focus on the recent Hanjin Shipping case.

  • Bruce Nathan and Philip Gross presented “Is Your Ship Stranded at Sea? Demystifying Chapter 15 of the Bankruptcy Code and Recent Cross-Border Insolvency Developments,” as a webinar to the Finance, Credit & International Business Association on March 2, 2017.

  • Philip Gross spoke on several panels on the topic Chapter 9 in Theory and Practice: Lessons Learned from the California and Detroit Cases at the 41st Annual Bond Attorneys’ Workshop on October 19-21, 2016 in Chicago, IL. Sponsored by the National Association of Bond Lawyers, the conference is the largest annual event for municipal finance professionals and attorneys.

  • Ken Rosen, Bruce Nathan and Philip Gross presented a seminar on bankruptcy and creditors’ rights issues to the Northeast CORE (Chief Officers Reaching Excellence) Group sponsored by the International Housewares Association, on December 7, 2016 in Fort Lee, NJ. Phil addressed cross-border insolvency issues raised in the Hanjin Shipping Chapter 15 case.

Publications

Impact of Cross-Border Court-to-Court Communications on U.S. Creditors’ Rights
Business Credit, July/August 2017
Bruce Nathan, Philip Gross
Jevic: U.S. Supreme Court Strikes Down Nonconsensual “Structured Dismissals” That Violate Bankruptcy Priority Rules
Business Credit, May 2017
Bruce Nathan, Philip Gross
The Intersection of Commercial Real Estate and Bankruptcy Law: Know the Lease/Contract Counterparty, the Lease Terms, and How to Protect One’s Rights or Face the Consequences
New Jersey Lawyer, April 2017
Kenneth Rosen, Philip Gross
View More...

Press Mentions

Philip J. Gross is quoted in Debtwire regarding the implications of unresolved legal issues for creditors in Chapter 9 municipal bankruptcy cases. Gross participated on a panel entitled, “Chapter 9 in Theory and Practice: Lessons Learned from the California and Detroit Cases” at the 41st Annual Bond Attorneys’ Workshop in Chicago run by the National Association of Bond Lawyers. He previously represented the American Federation of State, County and Municipal Employees (AFSCME) in Detroit’s Chapter 9 bankruptcy. , Debtwire , October 20, 2016
Philip J. Gross is quoted in the Daily Bankruptcy Review regarding the settlement reached by Glacial Energy Holdings Inc. and the Official Committee of Unsecured Creditors. Gross represents the committee. , Daily Bankruptcy Review , June 17, 2014
Philip J. Gross is mentioned in Law360 for representing the Official Committee of Unsecured Creditors of Glacial Energy Holdings Inc. , Law360 , June 16, 2014
View More...

Related Areas

Bankruptcy, Financial Reorganization & Creditors’ Rights

Education


Fordham University School of Law ( J.D. , 2008 ) , Fordham Urban Law Journal, Notes & Articles Editor; Milton Pollack Fellow (Summer 2006), U.S. District Court, Southern District of New York
Yeshiva University ( B.A. , 2002 ) , Computer Science, summa cum laude

Bar Admissions


New York
New Jersey

Court Admissions


2009 , U.S. District Court, Southern District of New York
2012 , U.S. District Court, District of New Jersey
2013 , U.S. District Court, Eastern District of Michigan
2014 , U.S. Supreme Court