Summary
holding that the homestead exemption (C.G.S. § 52-352b(t)), also enacted as part of Public Act No. 93-302, does not apply retroactively
Summary of this case from BRAE ASSET FUND, L. P. v. KADAROpinion
No. 399, Docket No. 96-5037.
Argued October 22, 1996.
Decided October 24, 1996.
Ira B. Charmoy, Bridgeport, CT, for Plaintiff-Appellants.
Richard Belford, Belford and Belford, New Haven, CT (Bryon Paul Yost, Yost Associates), for Defendants-Appellees.
Appeal from a judgment of the United States District Court for Connecticut (Goettel, J.), affirming the Memorandum and Order of the United States Bankruptcy Court for the District of Connecticut, (Shiff, J.) sustaining the objections of the Chapter 7 Trustees to the Debtors' claims of exemption under the State of Connecticut Homestead Exemption.
Affirmed.
Before Meskill, Calabresi, and Cabranes, Circuit Judges.
The debtors appeal a judgment affirming an order that sustains the objections of the Chapter 7 Trustees to the Debtors' claims of a homestead exemption, pursuant to C.G.S.A. Section(s) 52-352b(t). The debtors argue that they may use the homestead exemption against the claims of unsecured creditors, where the claims arose prior to October 1, 1993, the effective date of the statute. We affirm for substantially the reasons stated by the district court, In re Gernat, 192 B.R. 601 (D.Conn. 1996), and the bankruptcy court, In re Duda, 182 B.R. 662 (Bankr.D.Conn. 1995).