Thursday, October 14, 2021
11:10 AM
to
12:25 PM (Eastern Daylight Time)
Back to Event
About the Program
The rights of a debtor to deaccelerate, cure defaults, and maintain a mortgage is one of the most frequently used powers in chapter 13 in Connecticut. The bankruptcy code clearly provides these powers respecting a mortgage in default, but with Connecticut
following title theory of security in real estate, and providing the opportunity for strict foreclosure, is that opportunity lost upon entry by a state court of a judgment of strict foreclosure? Does the result change if the judgment is subject to
appeal? And what about a judgment of foreclosure by sale? After In re Canney the legislature tried to put its thumb in the dyke with CGS §49-15, but there are limits to its effect.
You Will Learn
- How clearly stated powers in federal law must bend to Connecticut’s real property law
- The legal background to the limitations of cure and maintain in Connecticut
- More recent state court decisions that elucidate the problem
- How bankruptcy code §108 pertains
- How chapter 11 may differ from 13 with respect to a cure and maintain a plan
- Possible strategies and suggestions for further modification to state law
Who Should Attend
This session assumes familiarity with basic concepts of Connecticut real property law and chapter 13 but is appropriate for any practitioner who has basic bankruptcy experience. Involving one of the most common reasons for the filing of chapter 13 in
Connecticut, this topic is critical knowledge for any debtor counsel, and may be applicable in commercial as well as consumer settings.
CLE Credit: 1.25 CT (General); 1.5 NY (AOP)