IN RE TM CARLTON HOUSE PARTNERS, LTD.

Bankruptcy No. 88-10774S, Adv. No. 88-0736S.

93 B.R. 859 (1988)

In re TM CARLTON HOUSE PARTNERS, LTD., Debtor. TM CARLTON HOUSE PARTNERS, LTD. and Skokie Federal Savings and Loan Association, Plaintiffs, v. CAREER PLANNERS, INC. and Career Institute, Inc., Defendants.

United States Bankruptcy Court, E.D. Pennsylvania.

As Amended December 9, 1988.


Attorney(s) appearing for the Case

Joanne Zack, Philadelphia, Pa., for Equity Sec. Holders.

Mark S. Lieberman, Chicago, Ill., Marvin Krasny, Philadelphia, Pa., for Skokie.

Cole Silver, Philadelphia, Pa., for Teebesco.

Geof Veit, Philadelphia, Pa., for Capital Group.

James J. O'Connell, Ass't. U.S. Trustee, Philadelphia, Pa.

Earl T. Stamm, Richard L. Kremnick, Philadelphia, Pa., for defendants.

Martin J. Weis, Virginia Miller, Lawrence G. McMichael, Philadelphia, Pa., for debtor.

Mark J. Packel, Philadelphia, Pa., for Creditors' Committee.

Stephen Raslavich, Philadelphia, Pa., for Bergs.

David Smith, Philadelphia, Pa., for Concap.


OPINION

DAVID A. SCHOLL, Bankruptcy Judge.

A. INTRODUCTION

The instant proceeding presents a dispute arising when a commercial tenant contends that its landlord has failed to deliver its rented space in timely fashion and that, when delivered, the premises was smaller than set forth on the floor plan and contained certain defects, most notably a grossly-malfunctioning heating, ventilating, and air conditioning system (hereinafter referred to as ...

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