In Re Clark

96 B.R. 569 (1989)

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Nature of the Case

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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.