COURT OF COMMON PLEAS OF BEAVER COUNTY
THIRTY-SIXTH JUDICIAL DISTRICT OF PENNSYLVANIA
TO: Members of the Beaver County Bar Association
FROM: Judge James Ross
DATE: June 1, 2020
President Judge Mancini issued an Extended Administrative Order on May 6, 2020, extending the moratorium on dispossessions of/evictions from property through writs of possession until June 1, 2020. The very next day, May 7, 2020, Governor Wolf issued an Executive Order extending the deadlines on those issues until July 10, 2020. Further, the CARES Act, 15 U.S.C.A. 59058, extended the moratorium on federally subsidized housing until July 27, 2020. These dates and moratoriums apply only to dispossessions/evictions due to nonpayment of a rent, loan or other similar payment; they do not apply to dispossessions/evictions for other reasons, such as misconduct violations regarding the terms of a lease. The moratorium also does not apply to eviction proceedings commenced before May 11, 2020, the date of Governor Wolfs most recent Executive Order on the subject. That Order stays evictions from its date of entry, May 11, 2020, through July 10, 2020; it is silent as to actions commenced prior to May 11, 2020. This information is provided as advisory on the current status of and interplay between the various orders/statutes and situations.
“Important to note in Beaver County, however, this same procedure/law/ideology should also/is being applied in surrounding Counties.
Creditors should be prepared for the onslaught of projected bankruptcy filings (Chapter 13) and have counsel ready to file appropriate motions and/or ensure the rights of landlords/mortgagees.
A joint effort by debtors & creditors should allow debtors to effectively reorganize while protecting the roofs over their heads.
The Covid-19 (Corona virus) epidemic was outside the control of most people. We should all work together to mutually benefit those who are truly affected by this trauma. Secured creditors, landlords and their constituents. ”
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