But paying a judgment in response to a creditor's collection effort does not waive the right to appeal. See Reardon Office Equip. We deny respondent's motion for dismissal. On an appeal from summary judgment, this court asks whether there is any genuine issue of material fact and whether the district court erred in applying the law. The application of law to stipulated facts is a question of law, which this court reviews de novo.
Case law is divided as to whether postpetition assessments are discharged in bankruptcy.
The eighth circuit has declined to follow any of the existing case law. Affeldt contrasts two approaches to the issue. One line holds that the debtor's liability for condominium assessments is nondischargeable, arising from a covenant running with the land. The Rosenfeld line of cases determines that condominium assessments accrue postpetition because the debtor owns the property postpetition. The determinative factor under this analysis is that the condominium declaration constitutes a covenant running with the land.