Can a Debtor Cure and Maintain a Mortgage After a Foreclosure Judgment? (ECB211014-1A)

Thursday, October 14, 2021

11:10 AM to 12:25 PM (Eastern Daylight Time)

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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)

Speakers

Matthew Beatman Matthew K. Beatman
Zeisler & Zeisler PC, Bridgeport

Scott Charmoy Scott M. Charmoy
Charmoy & Charmoy, Fairfield

Kristin Mayhew Kristin B. Mayhew
McElroy Deutsch Mulvaney & Carpenter LLP, Southport

Randy McHugh Randall S. McHugh
Bendett & McHugh PC, Farmington

Moderator

Hon. James Tancredi Hon. James J. Tancredi
United States Bankruptcy Court, Hartford