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IN RE 222 LIBERTY ASSOCIATES

Bankruptcy No. 88-11535S, Adv. No. 89-0674S.

110 B.R. 196 (1990)

In re 222 LIBERTY ASSOCIATES, Debtor. 222 LIBERTY ASSOCIATES, Plaintiff, v. PRESCOTT FORBES REAL ESTATE CORP., Defendant.

United States Bankruptcy Court, E.D. Pennsylvania.

February 16, 1990.

Attorney(s) appearing for the Case

Christopher Kuhn, Silverman, Markovitz, Meo & Raslavich, Philadelphia, Pa., for debtor.

David R. Dearden, Sprague Higgins Creamer & Sprague, Philadelphia, Pa., for defendant.

Andrew N. Schwartz, Philadelphia, Pa., for creditors' committee.

Stephen B. Mirow, Philadelphia, Pa., for Philip J. Banks.

Laurence J. Kaiser, Kronish, Lieb, Weiner & Hellman, New York City, for Donald L. Wolk.

James J. O'Connell, Asst. U.S. Trustee, Philadelphia, Pa., U.S. Trustee.

OPINION

DAVID A. SCHOLL, Bankruptcy Judge.

A. INTRODUCTION

The parties have litigated this proceeding, concerning an attempt by the Debtor-Landlord to recover $24,531.71, plus interest, from a realtor who set off his commissions against a tenant's deposit, as if it presented a difficult issue of application of 11 U.S.C. § 549(b), an obscure Bankruptcy Code section concerning transfers in the "gap" period between the filing of a bankruptcy petition...

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