In Re Paul H. Gernat, Debtor.paul H. Gernat, Roger E. Vigneault, Dolores M. Vigneault,gerald J. Duda, Marlene v. Duda, Plaintiffs-appellants, v. Richard Belford and Byron Paul Yost, Trustees, Defendants-appellees, 98 F.3d 729 (2d Cir. 1996)

Annotate this Case
US Court of Appeals for the Second Circuit - 98 F.3d 729 (2d Cir. 1996) Argued Oct. 22, 1996. Decided Oct. 24, 1996

Ira B. Charmoy, Bridgeport, CT, for Plaintiffs-Appellants.

Richard Belford, Belford and Belford, New Haven, CT (Bryon Paul Yost, Yost & Associates), for Defendants-Appellees.

Before MESKILL, CALABRESI, and CABRANES, Circuit Judges.

PER CURIAM:


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. § 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, Gernat v. Belford, 192 B.R. 601 (D. Conn. 1996), and the bankruptcy court, In re Duda, 182 B.R. 662 (Bankr.D. Conn. 1995).

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.