PROFESSIONALS
[]  Beth Stern Fleming

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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