Overview

Sigmund J. Fleck has an extensive background representing creditors in all aspects of commercial and private banking lending and loan documentation, as well as loan workouts, collection, bankruptcy, and lender liability matters. Sigmund also provides counsel and advocacy services to a wide range of closely held businesses and professionals on topics including corporate compliance, financing, entity formation, employment disputes, partnership disputes, equipment leasing issues, and complex commercial transactions and litigation. Sigmund regularly represents commercial insureds dealing with complex losses, and he has significant experience handling stormwater claims in that arena. He has represented clients in appellate matters before the United States Court of Appeals for the Third Circuit, the Pennsylvania Supreme Court, Commonwealth Court and Superior Court, as well as the Superior Court of New Jersey, Appellate Division.

Sigmund has conducted numerous jury trials, bench trials, commercial arbitrations, and hearings, and has received a Martindale Hubble AV peer review rating. He regularly provides advocacy and counseling services to Approved Private School clients in special education matters, general school law, human resources and employment, as well as general legal matters, and he has extensive experience representing municipal entities in litigation, with a concentration in handling disputes stemming from waste water management contracts.

Sigmund served in the United States Navy for 21 years, retiring as a Commander in 2008.

ASSOCIATIONS AND ORGANIZATIONS

  • Chester County Bar Association
  • East Goshen Township Zoning Hearing Board
  • Executive Board of the Boy Scouts of America’s Chester County Council, Vestry of St. Francis in the Fields Episcopal Church, Willistown Township

Education

Temple University School of Law, J.D., 1995

Indiana University Bloomington, B.A., 1986

Bar & Court Admission

United States Court of Appeals for the Third Circuit

United States District Court for the Eastern District of Pennsylvania

United States District Court for the Middle District of Pennsylvania

United States District Court for the District of New Jersey

Commonwealth of Pennsylvania

State of New Jersey

Experience
  • Obtained verdict and complete recovery on conversion claim resulting from sale of bank collateral.
  • Obtained precedential decision affirming the continued vitality of the absolute priority rule in personal Chapter 11 bankruptcy cases on behalf of the creditor.
  • Successfully defended creditor’s entry of judgment against attack based on alleged violations of equal credit opportunity act’s regulation B.
  • Obtained multimillion-dollar judgment against defaulting guarantor and successfully defended judgment before Superior Court.
  • Obtained jury verdict in favor of municipal client stemming from breach of Waste Water facilities agreement.
  • Obtained dismissal of Chapter 11 case on feasibility grounds.
  • Orchestrated successful liquidation of equipment and real estate for defunct millwork company.
  • Negotiated favorable municipal settlement of claim stemming from breach of waste water treatment plant operating agreement.
  • Negotiated sale and represented lender in successful sale of OREO property.
News

Pennsylvania Updates to the Business Corporation Law

In November 2022, Governor Wolf signed legislation providing a long-awaited update to Pennsylvania’s Business Corporation Law, often referred to as the “BCL.” These changes were effective in January 2023. The BCL contains the statutory basis for the formation and administration of business entities, such as profit and nonprofit corporations, limited partnerships, and limited liability companies. …

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POSTED IN: Client Alerts, News

Special Education Law Presentation November 2020

Our partner, Sigmund J. Fleck, had the pleasure of addressing a recent meeting of the Eastern Region of the Alliance of Approved Public Schools of Pennsylvania. Sigmund made a brief presentation on recent developments affecting private schools during the Covid-19 Pandemic, specifically focused on current requirements for compensatory services for special education students, and accommodations…

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Families First Coronavirus Response Act. Here is what you need to know.

On March 18, 2020, the President signed the Families First Coronavirus Response Act (“FFCRA”) into law.  The information contained herein comes from the text of the FFCRA as well as a Department of Labor posting guidance dated March 24, 2020. For DOL Q&A, click here. The FFCRA establishes a right to paid sick leave for…

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POSTED IN: Client Alerts, News

Community Involvement

Sigmund Fleck is an Executive Board Member of the Chester County Council of Boy Scouts of America.  He had the honor of serving as Host for the annual Eagle Scout Recognition Banquet at the RiverCrest Golf Club in Phoenixville to celebrate the Class of 2019.  Congratulations to both Sigmund and the Eagles Scouts!

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POSTED IN: News