IN RE CLARK
96 B.R. 569 (1989)
NATURE OF THE CASE: Claimants (Ps) filed claims in bankruptcy court related to a prior
adversary proceeding for breach of implied warranty of habitability.
FACTS: Clark (D) filed a voluntary petition for relief pursuant to Chapter 13 of the
Bankruptcy Code. The Claimants (Ps) are prior tenants of D's 24-unit apartment building. Ps
filed an adversary Complaint against D alleging that he had failed to maintain their
apartments in a fit and habitable condition. Ps claimed a portion of the relief which they
sought against him in a prior adversary proceeding. Ps allege that D continuously breached
the implied warranty of habitability regarding their premises and that they are entitled to
recover retroactive rent abatements, compensatory damages for personal property lost or
purchased as a result of the condition of the rented premises, and compensation for
'deprivation and humiliation.' Ps also seek to treble their damages by invocation of the
Pennsylvania Unfair Trade Practices and Consumer Protection Law. D has objected to these
claims. The demands of the Claimants total the eye-popping sum of $76,677.71. We court that
the prior adversary Complaint constituted the filing of timely 'informal' proofs of claims
on behalf of Ps.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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