Phillip Fajgenbaum focuses his practice on financial restructuring and insolvency, general litigation, sports and entertainment, and real estate.
Phillip helps lending institutions, manufacturers, industrial equipment finance companies, purchasers of debt, and other creditors navigate the bankruptcy process. Phillip has represented clients in Chapter 7, 11, 12, and 13 bankruptcies. His experience includes objections to discharge/dischargeability, seeking dismissal and/or conversion of bankruptcy cases, defending against preference avoidance and recovery actions, and piloting the automatic stay. He serves on the U.S. Bankruptcy Court for the Western District of North Carolina’s Local Rules Committee and co-chairs its Litigation Subcommittee.
He has also helped advise clients on the nuances of mass tort bankruptcy cases. Before joining Parker Poe, Phillip gained particular experience in that area as the law clerk for the Honorable J. Craig Whitley, a U.S. bankruptcy judge for the Western District of North Carolina. As law clerk, Phillip was deeply involved in complex asbestos bankruptcy cases seeking injunctive relief under Section 524(g) of the Bankruptcy Code.
Phillip has represented clients in alternatives to bankruptcy as well, including pioneering North Carolina’s updated Commercial Receivership Act. He has also advised on loan workouts, including drafting loan modification agreements, forbearance agreements, security agreement, deeds of trust, lease agreements, and collateral swap agreements.
His experience in complex bankruptcy cases strengthens his broader litigation practice. He has been involved in data breach litigation for a global technology company, contract dispute resolution for local and international businesses as well as insurance agencies, and eminent domain proceedings on behalf of condemning authorities.
In the area of sports and entertainment law, Phillip helps clients navigate the evolving world of NCAA name, image, and likeness (NIL) regulations. As a former captain and four-year starter on Clemson University’s football team, he has a unique understanding of college athletics and the role of the student athlete. While in law school, he also interned with the Office of General Counsel.
In addition, Phillip has advised real estate clients on landlord/tenant issues, drafted and updated form lease agreements, and represented owners of residential real estate in summary ejectment proceedings.