In Re Jeffrey Rosenfeld, Debtor. River Place East Housing Corporation, Board of Directors v. Jeffrey Rosenfeld

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• noting that the debtor “must transfer title to the property, if necessary by a deed in lieu of foreclosure” in order to terminate liability for HOA assessments
• noting that transferring the property would have terminated Rosenfeld’s obligation to pay future dues
• distinguishing Grady by emphasizing that River Place “involves a breach of a covenant ... that occurred post-petition”
• “The post-petition assessments were for the upkeep of common areas and other common expenses during [the Debtor's] post-petition ownership.”
• “even if Rosenfeld has not exercised the benefits of ownership, as title holder, he has the legal right to do so”
• condominium’s right to payment for assessments that arose post-petition is in the nature of a covenant running with the land and survives discharge

Source: CourtListener parenthetical corpus (CC0).