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amended in 2004, effective October 1, 2004, to apply bankruptcy precludes the assertion of any setoffs,
to any bankruptcy petition filed under Title 11 of defenses or counterclaims to the mortgagee’s debt
the United States Code. 2004 Conn. Legis. Serv. P.A. in the bankruptcy proceeding. Connecticut bank-
04-127 (S.H.B. 5594). ruptcy decisions have been consistent in ruling that
Thus, in Connecticut, if a mortgagor files a bank- such challenges are barred by the doctrine of res ju-
ruptcy petition under any chapter of the Bankruptcy dicata or by the Rooker-Feldman doctrine, which
Code before the expiration of the law day for the holds that federal courts lack jurisdiction to review
mortgagor, the foreclosure judgment is automati- state court decisions. See Cameron v. PHH Mortgage
cally opened and in particular, all law days are set Corp (In re Cameron), 2019 WL 1383069, at *5-7 (D.
aside. In a bankruptcy case, while the question of Conn. Mar. 27, 2019); JP Morgan Chase Bank, N.A.
whether an interest in property should be classi- v. Caires (In re Caires), 611 B.R. 1, 9-10 (Bankr. D.
fied as property of the estate is one of federal law, Conn. Jan. 29, 2020); Matter of Johnson, 149 B.R.
state law determines the nature and extent of the 284, 287 (Bankr. D. Conn. 1993).
debtor’s interest. Butner v. U.S., 440 U.S. 48, 54-55, Interestingly, the Connecticut legislature did
99 S.Ct. 914, 59 L.Ed.2d 136 (1979). Canney itself not address the situation where a mortgagor files a
acknowledges this well settled rule. Canney, 284 bankruptcy petition before a foreclosure sale is con-
F.3d at 370 (quoting Butner). Therefore, by virtue of firmed by the state court. Thus, whether the holding
C.G.S. §49-15(b), if a bankruptcy petition is filed by in Canney would apply when a bankruptcy petition
a mortgagor before his, her or its law day has passed, is filed after a foreclosure by sale is ordered, but be-
the mortgagor’s entire property interest—and not fore it is confirmed or ratified by the state court, is
just the equity of redemption fixed by the law day— an open question.
should pass into the bankruptcy estate. Although a foreclosure by sale has been likened
As an important caveat, however, C.G.S. §49-15(b) by Connecticut courts to the running of a law day in
does not purport to disturb the well-established law a strict foreclosure, Connecticut case authorities are
that the entry of a judgment of foreclosure prior to
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