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848 F.3d 88

Docket No. 14-3404-cv

Cadle Co. v. Fletcher

Second Circuit Court of Appeals

Argued: September 25, 2015

Decided: February 6, 2017

Second Circuit Court of Appeals · decided 2017-02-06

2 counsel of record

Relies on Cruz v. TD Bank, N.A. · Cadle Co. v. Fletcher · Cadle Co. v. Fletcher

Opinion by (per_curiam) · Decided 2017-02-06

¶1August Term 2015

¶2*89Paul N. Gilmore, Updike, Kelly & Spel-lacy, P.C., Hartford, CT, for Plaintiff-Ap-pellee.

¶3John W. Larson (Nicholas J. Harding, on the brief), Reid & Riege, P.C., Hartford, CT, for Defendants-Appellants.

¶4Before: CABRANES and POOLER, Circuit Judges, and GARDEPHE, District Judge.*

¶6PER CURIAM:

¶7Defendants-Appellants Marguerite Fletcher and Terry B. Fletcher appeal the August 13, 2014 judgment of the District Court granting summary judgment to Plaintiff-Appellee on its claim of fraudulent transfer of assets and denying a motion by Defendants-Appellants for partial summary judgment. The primary question on appeal is whether a judgment debtor’s residual wages after garnishment are exempt from further execution under Conn. Gen. Stat. §§ 52-361a and 52-367b, and thus should not be considered “assets” under the Connecticut Uniform Fraudulent Transfer Act, Conn. Gen. Stat. § 52-552a et seq.1

¶8On October 14, 2015, we entered an order certifying the question of whether Conn. Gen. Stat. §§ 52-361a and 52-367b exempt a judgment debtor’s post-garnishment residual wages from further execution to the Connecticut Supreme Court. See Cadle Co. v. Fletcher, 804 F.3d 198 (2d Cir. 2015) (per curiam).2 The Connecticut Supreme Court has answered that question in the negative. See Cadle Co. v. Fletcher, 324 Conn. 228, 244-45 (Dec. 23, 2016).

¶9We have considered all of the Defendants’ remaining arguments on appeal and find them to be without merit. Accordingly, for substantially the reasons set forth by the Connecticut Supreme Court, we AFFIRM the judgment of the District Court.

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