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· 4/13/1990

In the Matter of William N. Rosteck and Joyce M. Rosteck, Debtors. Appeal of Old Willow Falls Condominium Association

Citations

  • 899 F.2d 694
  • 1990 U.S. App. LEXIS 5857
  • 20 Bankr. Ct. Dec. (CRR) 625
  • 1990 WL 42288

How courts have described this case

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

  • concluding that the debtors “had a debt for future condominium assessments when they filed their bankruptcy petition” in light of the pre-petition obligation in the declaration
  • affirming sanction for violation of § 524 without reference to § 105 contempt powers
  • post-petition assessments were to be treated as pre-petition debts where they emanated from pre-petition contract between debtor and condominium association
  • “Congress gave the term ‘claim’ its broadest possible definition, and that under this broad definition, all legal obligations of the debtor, no matter how remote or contingent will be able to be dealt with in the bankruptcy case”
  • “by bringing even contingent and unliquidated claims into the bankruptcy case, Congress has insured that the debtor will receive the complete discharge of his debts, without the threat of lingering claims riding through the bankruptcy.”
  • claims arise on the purchase date

Source: CourtListener parenthetical corpus (CC0).

Judges: Bauer, Flaum, Manion

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Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.