Pennsylvania’s Judicial Emergency to Cease as of June 1
On May 21, 2020, the Pennsylvania Supreme Court issued an Order declaring that the previously established judicial emergency in Pennsylvania will cease after June 1, 2020. However, the Court also ordered that previously entered judicial orders in the intermediate appellate courts and local courts shall remain in full force and effect until they expire by […]
PA Governor Signs Order Providing Protections Against Foreclosures & Evictions
On May 7, 2020, Pennsylvania Governor Tom Wolf signed an executive order to create and extend protections to property owners and tenants throughout the Commonwealth from the latent economic impacts of the state-wide lockdown in response to the COVID-19 pandemic. Specifically, the executive order builds on a Pennsylvania Supreme Court order that closed court eviction […]
Update on PA Courts & Closures
On Tuesday April 28, 2020, the Pennsylvania Supreme Court updated its previous Orders, directing that the previously declared judicial emergency is extended through June 1, 2020. However, the Court also ordered that, beginning on May 4, 2020, the Courts shall be open to conduct business. At the same time, the Order directs that in-person access […]
Construction Sites to Reopen on May 1 – Guidance for the Construction Industry
Under new guidelines issued by the Wolf Administration in Pennsylvania, construction projects can reopen this Friday, May 1, 2020, as long as they observe social distancing rules. Previously, the Governor had ordered most construction projects to temporarily close down unless they were supporting life-sustaining businesses or were granted an exemption from the general “stay at […]
COVID-19: Guidance for the Construction Industry
The effects of the COVID-19 (Coronavirus) pandemic are being felt throughout the economy. No matter what trade you may be in, every small business faces some similarities in this crisis. You may have questions about the Paycheck Protection Program and Small Business Administration loans. And of course, every small business runs on cash flow, and […]
CARES Act Expands Relief for Small Businesses
Long before COVID-19 (Coronavirus) was even known to most Americans, Congress acted to address a recognized deficiency in the Bankruptcy Code. The expansive provisions for business reorganization under Chapter 11 were too cumbersome, expensive and complex for many smaller businesses, while the options for “mom and pop” enterprises under Chapter 13 were too limited. To […]
COVID-19 Guidance for Commercial Landlords
The impact of COVID-19 continues to be felt throughout the economy, with a collapse of demand in basically every consumer-facing industry, including restaurants, hotels, airlines, gas stations, and non-grocery retail stores. These problems flow through the economic food chain, with storefronts unable to pay landlords, who in turn have trouble paying their lenders. They may […]
Court of Appeals Answers FAQ Concerning Auto Repossession and Bankruptcy
A familiar circumstance in consumer bankruptcies is that a borrower becomes delinquent on an automobile loan and fails to address the situation – until the automobile is repossessed. The consumer then seeks bankruptcy representation, and then seeks (usually through counsel) the return of the vehicle.
District Court Upholds Administrative Pledge Policy of Bank in Bankruptcy Case
A recent decision from the United States District Court for the Southern District of New York upheld the “Administrative Pledge Policy” of Wells Fargo Bank N.A. This decision echoed earlier court decisions, including from the 9th Circuit Court of Appeals, and the 1995 U.S. Supreme Court decision in Citizens Bank of Maryland v. Strumpf. It […]
FLB Secures Dismissal of De Facto Taking Claim Against the City of Allentown
The owners of Plaza at 835 West Hamilton Street brought an eminent domain proceeding against the City of Allentown, arguing that the City caused them to lose a major tenant and default on their mortgage. As a consequence, the building owner claimed that they suffered a “taking” of their property for which they sought “just […]