Clark v. Quantitative Strategies Group, LLC

224 Conn. App. 224
CourtConnecticut Appellate Court
DecidedMarch 12, 2024
DocketAC45956
StatusPublished
Cited by2 cases

This text of 224 Conn. App. 224 (Clark v. Quantitative Strategies Group, LLC) is published on Counsel Stack Legal Research, covering Connecticut Appellate Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Clark v. Quantitative Strategies Group, LLC, 224 Conn. App. 224 (Colo. Ct. App. 2024).

Opinion

*********************************************** The “officially released” date that appears near the be- ginning of each opinion is the date the opinion will be pub- lished in the Connecticut Law Journal or the date it was released as a slip opinion. The operative date for the be- ginning of all time periods for filing postopinion motions and petitions for certification is the “officially released” date appearing in the opinion.

All opinions are subject to modification and technical correction prior to official publication in the Connecticut Reports and Connecticut Appellate Reports. In the event of discrepancies between the advance release version of an opinion and the latest version appearing in the Connecticut Law Journal and subsequently in the Connecticut Reports or Connecticut Appellate Reports, the latest version is to be considered authoritative.

The syllabus and procedural history accompanying the opinion as it appears in the Connecticut Law Journal and bound volumes of official reports are copyrighted by the Secretary of the State, State of Connecticut, and may not be reproduced and distributed without the express written permission of the Commission on Official Legal Publica- tions, Judicial Branch, State of Connecticut. *********************************************** WILLIAM THOMAS CLARK ET AL. v. QUANTITATIVE STRATEGIES GROUP, LLC, ET AL. (AC 45956) Suarez, Clark and Prescott, Js.

Syllabus

The defendant judgment debtor, B, appealed to this court from the judgment of the trial court denying his claim that certain bank accounts were exempt from execution pursuant to statute ((Supp. 2022) § 52-367b) because the plaintiff judgment creditors executed on accounts that did not belong to him but, rather, belonged to his mother, J. The plaintiffs had obtained an arbitration award against B arising from a default on a loan, and the award was confirmed by the United States District Court for the Southern District of New York. The plaintiffs then domesticated the judgment in the Superior Court. After the trial court granted an application for a bank execution to satisfy the domesticated judgment, the plaintiffs served the execution on T Co., a bank, which identified two bank accounts on which B was listed as an account owner along with J and his sister. In his claim of exemption, B did not identify any of the statutory bases for an exemption set forth in § 52-367b or on the form prescribed by the Judicial Branch pursuant to § 52-367b (k). Instead, B indicated on his claim of exemption form that the basis of his claim was ‘‘[o]ther’’ and included a handwritten notation stating ‘‘[f]unds in these accounts are not my property.’’ Following a hearing, the court denied B’s claim of exemption. Held that the trial court did not improperly find that the accounts at issue were joint accounts and were not exempt from execution under § 52-367b, the court having correctly concluded that B’s asserted exemption was not recognized or enumerated under § 52-367b: although B purported to claim an exemp- tion under § 52-367b, specifically, that the funds in the accounts were not his but, instead, belonged solely to J, both the plain language of § 52-367b and case law make clear that the only cognizable exemptions are those provided for by that statute or any other laws or regulations of this state or the United States which exempt such debts from execution; moreover, although B noted in a supplemental brief to this court that he had filed a claim in the trial court for determination of interests pursuant to statute (§ 52-356c), that claim was neither pursued by B nor adjudicated by the trial court, and, because only a judgment creditor or a third person may make a claim for determination of interests pursuant to § 52-356c, not a judgment debtor, unless acting in a represen- tative capacity for an appropriate third party with an alleged interest in the subject property, and B lacked any legal capacity to act on J’s behalf, he was not authorized by statute to challenge T Co.’s determina- tion that he was a co-owner of the accounts by pursuing a claim for determination of interests. Argued October 16, 2023—officially released March 12, 2024

Procedural History

Action to enforce a domesticated judgment, and for other relief, brought to the Superior Court in the judicial district of Hartford, where the court, Baio, J., denied the motion for exemption from execution filed by the defendant John A. Brunjes et al., and the defendant John A. Brunjes et al. appealed to this court. Affirmed. Paul R. Fenaroli, with whom, on the brief, were Joseph M. Pastore III, and Melissa Rose McClammy, for the appellant (defendant John A. Brunjes et al.). Linda Clifford Hadley, for the appellees (plaintiffs). Opinion

CLARK, J. In this appeal from postjudgment proceed- ings to obtain satisfaction of a domesticated judgment arising from an arbitration award, the defendant judg- ment debtor John A. Brunjes1 appeals from the judg- ment of the trial court denying his claim of exemption filed pursuant to General Statutes (Supp. 2022) § 52- 367b2 claiming that the plaintiff judgment creditors, Wil- liam Thomas Clark and TDA Construction, Inc., exe- cuted on bank accounts that did not belong to him but, rather, belonged to his mother, Josephine M. Brunjes. On appeal, the defendant claims that the court improp- erly found that he was a co-owner of the bank accounts at issue and that they were not exempt from execution under § 52-367b. We affirm the judgment of the trial court. The following facts and procedural history are rele- vant to our resolution of this appeal. On November 5, 2019, the plaintiffs obtained an arbitration award against the defendant arising from a default on a loan. On December 2, 2020, the United States District Court for the Southern District of New York confirmed the award (SDNY judgment). See Clark v. QMG Global Holdings, LLC, United States District Court, Docket No. 7:17-cv-07233 (KMK) (S.D.N.Y. December 2, 2020). On November 2, 2021, the plaintiffs domesticated the SDNY judgment pursuant to General Statutes § 52-605.3 Thereafter, on January 10, 2022, the plaintiffs applied for a bank execution to satisfy the domesticated judg- ment against the defendant. The court granted the appli- cation and issued an execution on February 17, 2022. After the court granted the application, the plaintiffs served the execution on TD Bank. TD Bank identified two bank accounts (accounts) on which the defendant was listed as an account owner along with his mother and his sister. Having identified those two accounts, which held a combined total of $214,501.46, TD Bank subsequently ‘‘froze’’ the accounts and gave notice to the defendant pursuant to § 52-367b (d).4 On June 30, 2022, the defendant filed a claim of exemption pursuant to § 52-367b (e).5 In his claim of exemption, however, the defendant did not identify any of the statutory bases for an exemption set forth in § 52-367b (a)6 or on the form prescribed by the Judicial Branch pursuant to § 52-367b (k).7 Instead, the defen- dant indicated on his claim of exemption form that the basis of his claim was ‘‘[o]ther’’ and included a handwritten notation stating ‘‘[f]unds in these accounts are not my property.’’ Thereafter, on October 13, 2022, the court held an evidentiary hearing pursuant to § 52-367b (f) (1)8 to consider the defendant’s claim of exemption. At that hearing, the defendant claimed that the accounts belonged to his mother, that he had no ownership inter- est in them, and that he had no intent to become an owner of the accounts. Following the hearing and the submission of posttrial briefs, the court, Baio, J., issued a memorandum of decision dated October 26, 2022, denying the defendant’s claim of exemption.

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Cite This Page — Counsel Stack

Bluebook (online)
224 Conn. App. 224, Counsel Stack Legal Research, https://law.counselstack.com/opinion/clark-v-quantitative-strategies-group-llc-connappct-2024.