Beverly Weiss Manne
Beverly is a shareholder and the Chair of the firm’s Insolvency and Creditors’ Rights Department. Beverly was a member of the Tucker Arensberg, P.C. Board of Directors from 1998-2014.
Beverly represents secured and unsecured creditors, lessors, and buyers of assets in bankruptcy cases, non-judicial restructurings and in complex, and distressed business and commercial credit situations and commercial finance matters including: Bankruptcy and Reorganization Proceedings; State and Federal Receiverships; Workouts And Loan Restructurings; Forbearance Agreements; Enforcement Actions and Liquidations; Asset Acquisitions; Agricultural Lending and Agribusiness Issues; Negotiable Instrument Issues, Letters of Credit; Supply Agreements Terms, Contract Analysis; Marcellus and Energy; Mechanics Liens and Municipal Insolvency
Representative Engagements: Beverly has represented clients in hundreds of bankruptcy cases including, locally, Somerset Regional Water Resources, Greater Erie Industrial Development Corp, BMC Liquidation Company, Le-Natures, Global Industrial Technologies, NARCO, K&J Coal Co., Inc., The Covenant at South Hills, Brockway Pressed Metals, Skinner Engine Company, AHERF, Forman Industries, Inc. and J&L Structural Steel. On a national basis Beverly has represented clients in the bankruptcy cases of James F. Humphreys & Associates, LC., Zone Construction, City of Harrisburg Chapter 9, Lehman Brothers, Pilgrim’s Pride, Lewis Equipment Company, Lyondell Chemical Company, Equipment Acquisition Resources, U.S. Mineral Products Company, Chemtura Corporation, Envirosolutions, Fleming, Forum Health, Wheeling-Pitt Steel, LTV, K-Mart, Austin, Georgetown Steel, National Steel, CSC, Pittsburgh-Canfield Corporation and W-P Coal Company, Birmingham Steel, Consolidated Steel Services, Inc., CSC, and Bethlehem Steel. Beverly represented Judith K. Fitzgerald as the Receiver in the State Court receivership of the August Wilson Center for African American Culture.
Areas of Practice: Bankruptcy, Insolvency and Creditors’ Rights, Business and Finance, Agriculture, Energy, and Intellectual Property
Prior to joining the firm, Beverly was Assistant Counsel at the U.S. Department of Agriculture, Office of General Counsel, Regions I, II and III representing its agencies in all aspects of business, industrial, agricultural, housing (504), multi-family housing and agricultural loans made and guaranteed by the Farmers Home Administration and Commodity Credit Corporation, as well as the Food and Nutrition Service, and Federal Crop Insurance Corporation.
Education and Background: Beverly earned her undergraduate degree, magna cum laude, and Phi Beta Kappa, from the University of Pittsburgh and her Juris Doctor from the University of Pittsburgh School of Law in 1981.
Jurisdictions: Commonwealth of Pennsylvania, Maryland, United States Supreme Court, U.S. Court of Appeals for the Third Circuit, U.S. Court of Appeals for the Fourth Circuit, U.S. District Court for the Western District of Pennsylvania, U.S. District Court for the Eastern District of Pennsylvania, U.S. District Court for the Middle District of Pennsylvania, U.S. District Court for the Western District of Michigan, U.S. District Court for the District of Maryland
Faculty Appointments: Adjunct Professor, University of Pittsburgh School of Law, Payment Systems (2002-present); Secured Transactions (1998, 2004 – 2009)
Honors and Awards: Listed 2011 inaugural edition and the subsequent editions of the Martindale-Hubbell® Bar Register of Preeminent Women Lawyers; named as a “Super Lawyer®” in the Bankruptcy & Creditor/Debtor Rights Category by Pennsylvania Super Lawyers; included in the Best Lawyers in America® in Bankruptcy and Creditor-Debtor Rights Law Category; AV® Peer Review Rated in the Martindale-Hubbell Law Directory.
Professional Memberships and Civic Activities: American Bar Association; American Bankruptcy Institute; Commercial Law League of America; Pennsylvania Bar Association including Member, Business Law Section Leadership Council, Member, Shale Energy Law Committee, Member, Article 9 Amendment Task Force and Drafting Committee of the Business Law Section (2011-2013), Member, Revised Article 9 Adoption Task Force and Drafting Committee of the Pennsylvania Bar Association, Business Law Section (2001 Amendment), Member of the Insolvency Law Task Force and Drafting Committee of the Business Law Section (1994-1996; 2013), and Member, Uniform Voidable Transactions Act Committee of the Business Law Section (2104-present); Allegheny County Bar Association including Former Chair, Bankruptcy and Commercial Law Section, Former Council Member, Bankruptcy and Commercial Law Section, Former Nominating Committee Member, Fellow of the Allegheny County Bar Foundation; Judith K. Fitzgerald Pennsylvania Western Bankruptcy American Inn of Court including Founding Member and President (2010-2012), Executive Committee (2010 – Present); Turnaround Management Association including Member, Board of Directors, Pittsburgh Chapter (2001- 2013), Former President Board of Directors, TMA International (2004 – 2009); International Women’s Insolvency and Restructuring Confederation including Founding Member and former President Tri-State Network, and Member (1993 – present); Anti-Defamation League, Pittsburgh; RNLA Council Member and former chapter President.
Articles and Publications: “Insolvency and Bankruptcy Issues for Sellers of Goods,” Iron & Steel Technology Magazine, May 2012; “Sidebar: An Interview with U.S. Bankruptcy Court Judge Kevin C. Carey, District of Delaware,” Journal of Corporate Renewal, March 2012; “Sidebar, Section 363 and Plan Sales; An Interview with the Honorable Judge D. Michael Lynn Northern District of Texas,” Journal of Corporate Renewal, December 2011; “Sidebar, From the Bench: Practice Points, Section 363 and Plan Sales; An Interview with the Honorable Thomas P. Agresti (WDPA),” Journal of Corporate Renewal, May 18, 2011; “Courts Weigh In on In Pari Delicto: 3d Circuit Says Defense Cannot Be ‘Woodenly Applied’,” Journal of Corporate Renewal, December 2, 2010; “Restructuring Options: The Forbearance Agreement,” co-authored by Beverly Weiss Manne and Michael Shiner, Journal of Corporate Renewal, August 26, 2008; “Chapter 2, Non-bankruptcy Options: Assignments, Compositions and Receiverships,” Chapter 11 Theory and Practice, LRP Publications, Horsham, Pennsylvania; “Comparative Analysis with the U.S. Law,” Romania – The Insolvency System, International Insolvency Institute, Alexandria, Virginia 1999.
Lectures and Presentations: Beverly frequently lectures on bankruptcy, banking, turnaround and collection issues and has published various articles and material on insolvency and creditors’ rights including: National Conference of Bankruptcy Judges including CLLA Panel: Nonprofits: San Francisco 2016 and “The Absolute Priority Rule – LaSalle”, Chicago, Illinois, October 2002; United States Court of Appeals Third Circuit Judicial Conference, 1996, 2006, 2008, 2009, 2011, 2014; Pennsylvania Bar Institute including Annual Bankruptcy Institute, Mechanics Liens in Pennsylvania, Chapter 11, Fundamentals, Officer and Director Liability and Confessions of Judgment in Pennsylvania; American Bar Association including “Dilemmas Faced by Indenture Trustees In Healthcare Insolvencies,” ABA Business Bankruptcy Committee and Healthcare Insolvency Committee Program at the National Conference of Bankruptcy Judges, Nashville, Tennessee, October 2004; ACBA Bankruptcy and Commercial Law Section, Annual Symposium, 1994- Present; Turnaround Management Association including Municipal Insolvency, October 2012, Commercial Real Estate, June 2011, Commercial Real Estate, April 2010, Various Other Local and Regional Programs.