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IN RE PLYMOUTH PLAZA OFFICE BLDG. ASSOCIATES

Bankruptcy No. 81-01414G, Adv. No. 81-1431G.

16 B.R. 113 (1981)

In re PLYMOUTH PLAZA OFFICE BUILDING ASSOCIATES, a Pennsylvania partnership, Debtor. PLYMOUTH PLAZA OFFICE BUILDING ASSOCIATES, Plaintiff, v. AMERICAN REAL ESTATE ASSOCIATES, INC., John G. Berg, and Berg & Daniels, a law partnership, Defendant.

United States Bankruptcy Court, E.D. Pennsylvania.

December 18, 1981.

Attorney(s) appearing for the Case

Nathan Lavine, Adelman & Lavine, Philadelphia, Pa., for plaintiff, Plymouth Plaza Office Bldg. Associates.

Michael S. Silberman, Howard Gershman, Blue Bell, Pa., for defendants, American Real Estate Associates, Inc. and John G. Berg.

OPINION

EMIL F. GOLDHABER, Bankruptcy Judge:

The issue at bench is whether the debtor is entitled to possession of certain leased premises from the defendants for the defendants' failure to pay rent. We conclude that some of the credits asserted by the defendants against their rental obligation were unauthorized and that, therefore, the debtor is entitled to possession of the premises as a result of the defendants' default in rental payments. We conclude...

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