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IN RE TM CARLTON HOUSE PARTNERS, LTD.

Bankruptcy No. 88-10774S, Adv. No. 88-2296S.

97 B.R. 819 (1989)

In re TM CARLTON HOUSE PARTNERS, LTD. Debtor. CARLTON RESTAURANT, INC., d/b/a Corned Beef Academy Plaintiff, v. TM CARLTON HOUSE PARTNERS, LTD. Defendant.

United States Bankruptcy Court, E.D. Pennsylvania.

March 24, 1989.

Attorney(s) appearing for the Case

Martin J. Weis, Dilworth, Paxson, Kalis & Hauffman, Philadelphia, Pa., for debtor.

Edward J. DiDonato, Aris J. Karalis, Ciardi, Fishbone & DiDonato, Philadelphia, Pa., for plaintiff.

Mark J. Packel, Adelman Lavine Gold & Levin, Philadelphia, Pa., for Creditors' Committee.

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

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

Marvin Krasny, Philadelphia, Pa., Mark S. Lieberman, Chicago, Ill., for Skokie Federal Savings & Loan.

Michael S. Silberman, Philadelphia, Pa., for Bergs.

David Smith, Philadelphia, Pa., for Consolidated Capital.

OPINION

DAVID A. SCHOLL, Bankruptcy Judge.

The two closely-related matters before us concern the right of a Debtor-landlord to not only reject a lease, but also to terminate the right of its Tenant to retain its leasehold, on the basis of a lease clause providing that the lease shall terminate upon the expiration of the interest of the Lessor's predecessor in the premises. We hold that, by receiving rent and expressing no intention to terminate the lease...

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