Shareholder
Bankruptcy/Workout Co-Chair
Technology
Philadelphia
215.751.2886
610.371.8504 fax
bsf@stevenslee.com
Beth
represents equipment lessors, manufacturers, vendors, landlords and lenders in debt
restructures, asset recovery and bankruptcies.
Beth currently represents one of the largest manufacturers of
technology equipment in the Enron bankruptcy with regard to a several
hundred million dollar electricity contract. In this case she was the
first to raise an issue of first impression regarding forward
contracts, and as a result, successfully negotiated with Enron to reject
the energy contract with her client. She also negotiated a settlement,
saving her client more than $12 million.
In the Kmart case, Beth represented both a major equipment lessor
regarding a $78 million lease for equipment found in most of Kmart's
2100 stores and one of the largest hardware and software companies, who
provided about $30 million per year in hardware, software and
consulting services to Kmart. Beth negotiated agreements whereby Kmart
assumed all of the equipment leases and paid most of the arrearages,
and assumed all of the hardware, software and consulting agreements,
paid most of the arrearages and entered new contracts for hardware,
software and services increasing the amount of business to this
client.
Beth recently represented a multimillion dollar technology financing
company in the AmeriServe bankruptcy with regard to a $50 million
equipment lease involving thousands of pieces of equipment across the
country. She successfully negotiated an assumption and assignment of
the leases to the purchaser of the AmeriServe business. Currently,
Beth is also representing an end-user of electricity in 11
sites across the country in the Enron bankruptcy. In this matter, Beth
represents the first creditor to file a motion to force the Bankruptcy
Court in New York to resolve an issue of first impression relating to
whether the automatic stay applies to long term energy supply
contracts.
She also represented one of the largest technology financing companies
in a bankruptcy involving three other secured creditors and complex
priority issues and successfully recovered the full amount of nearly
$4 million debt plus interest and attorney fees.
As published in Philadelphia magazine, she was recognized as
a Pennsylvania Super Lawyer in 2004, 2005 and 2006 by being selected
by her peers as among the top 5 percent of lawyers in the
Commonwealth.
Education:
Temple University School of Law, J.D.,
cum laude, 1989
Brandeis University, B.A., 1985
Bar Admissions:
Pennsylvania
New Jersey
Court Admissions:
U.S. District Court for the Eastern District of Pennsylvania
U.S. District Court for the District of New Jersey
U.S. Court of Appeals for the Third Circuit
Representative Cases:
Enron Bankruptcy
Kmart Bankruptcy
AmeriServe Bankruptcy
Fleming Bankruptcy
Newpower Bankruptcy
AHERF Bankruptcy
ANC Rental Bankruptcy
Discovery Zone Bankruptcy
Hechinger Bankruptcy
HomePlace Stores Bankruptcy
Montgomery Ward Bankruptcy
Planet Hollywood Bankruptcy
Jumbo Sports Bankruptcy
Crowley Milner Bankruptcy
Nationwise Automotive Bankruptcy
Harnischfager Bankruptcy
Marchfirst Bankruptcy
REAL Bankruptcy
Laura Ashley Bankruptcy
Commercial Financial Services Bankruptcy
Selected Speaking Engagements:
- “What the Commercial Bankruptcy Lawyer Needs to Know About the
New Bankruptcy Legislation.” Pennsylvania Bar Institute's 10th
Annual Bankruptcy Institute. Panelist. Philadelphia, September 8,
2005.
- “Bankruptcy Law." Equipment Leasing Association's 2005 Legal
Forum, May 2005.
- "Equipment Leasing.” PA Bar Institute Seminar on
Equipment Leasing, August 2003.
- “The Advancement of Women in the Financial
Services Industry.” The
Lessors Network Annual Conference, August 2003.
- “A View From the Bench…What is Expected of
Professionals…and Vice Versa?”
Delaware Valley Chapter Turnaround Management Association,
March 2002.
Selected Publications:
-
"Enactment of New Bankruptcy Code Section 503(b)(9) Leaves Bankruptcy
Court's Discretion Unchanged." Equipment Leasing Today, March
2007.
-
"Electronic Waste Recycling Laws Challenge the Leasing Industry.”
LJN’s Equipment Leasing Newsletter, May 2005.
Co-author.
-
“The Many Downsides of Second Lien Financings.” Equipment Leasing
Today, March 2006. Co-author.
-
“True Lease vs. Disguised Security Interest: A New Dilemma.”
LJN’s Equipment Leasing Newsletter, March 2004.
Professional and Civic Affiliations:
Equipment Leasing Association, Legal Committee and International
Leasing Law and Equipment Leasing Today magazine subcommittees
Law Journal Newsletter's Equipment Leasing Newsletter,
Editorial Board member
Lessors Network
Eastern District of Pennsylvania Bankruptcy Conference (Education
Committee; Problem Co-Chair, 10th Annual Bankruptcy Forum, Eastern
District of Pennsylvania)
Female Bankruptcy Attorneys for the Eastern District of Pennsylvania
Philadelphia Bar Association (Bankruptcy Committee, Business Law and
Real Property Sections; Committee on Women in the Profession)
Pennsylvania Bar Association (General Practice and Real Property
Sections)
American Bar Association
Montgomery County Democratic
Committee, Treasurer and Executive Committee member
Lower Moreland Democratic Committee, Committeeperson
Hoeffel for Congress, Finance Committee Co-Chair (2000)
Director for National Tay-Sachs & Allied Diseases Association of
the Delaware Valley
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