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In re Cole: CT Supreme Court raises Homestead Exemption to $250K


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IN RE ELAINE M. COLE
(SC 20746)
Robinson, C. J., and McDonald, D’Auria,
Mullins, Ecker and Alexander, Js.
Syllabus
Pursuant to statute (§ 55-3), ‘‘[n]o provision of the general statutes, not
previously contained in the statutes of the state, which imposes any
new obligation on any person or corporation, shall be construed to have
a retrospective effect.’’
In November, 2021, the debtor, C, filed a bankruptcy petition under chapter
7 of the United States Bankruptcy Code in the United States Bankruptcy
Court for the District of Connecticut, claiming, inter alia, a statutory
(§ 52-352b (21)) homestead exemption in the amount of $250,000. The
public act (P.A. 93-301) that created the homestead exemption allowed
a debtor to protect up to $75,000 of the value of his or her primary
residence from attachment in postjudgment or bankruptcy proceedings.
Public Act 93-301, however, included a carve-out whereby the homestead
exemption could not be claimed for debts accrued prior to the act’s
effective date of October 1, 1993. The legislature subsequently passed
an amendment (P.A. 21-161), effective October 1, 2021, that repealed
the previous version of § 52-352b and replaced it with a new version,
which increased the homestead exemption from $75,000 to $250,000 but
did not include any carve-out for preexisting debts. The trustee of the
bankruptcy estate objected to C’s claimed homestead exemption of
$250,000, arguing that, although her bankruptcy proceeding was commenced after October 1, 2021, all of her debts were incurred prior to
that date. Relying on the principle embodied in § 55-3, the parties focused
their arguments before the Bankruptcy Court on the issue of whether
P.A. 21-161 enacted a procedural amendment, which presumptively
applies retroactively, or a substantive amendment, which presumptively
applies only prospectively. The Bankruptcy Court overruled the trustee’s
objection, concluding that the amendment was intended to apply retroactively to preexisting debts and, accordingly, that C was entitled to the
$250,000 homestead exemption. The trustee appealed from the decision
of the Bankruptcy Court to the United States District Court for the
District of Connecticut, which certified to this court a question concerning whether P.A. 21-161 applied retroactively or only prospectively to
debts incurred by a debtor before that act took effect. Held:

  1. This court concluded, as a threshold matter, that the answer to the certified
    question was a matter of state, rather than federal, law for choice of
    law purposes:
    Under the federal statute (11 U.S.C. § 522 (b) (3) (A)) specifying what
    property can be exempted from a debtor’s chapter 7 bankruptcy estate,
    a debtor may protect ‘‘any property that is exempt under . . . State or
    local law that is applicable on the date of the filing of the petition,’’ and,
    accordingly, this court clarified that the question presented by this appeal
    was whether the expanded homestead exemption contained in P.A. 21-
    161 was applicable to C’s case, given that the expanded exemption
    was in effect when her bankruptcy petition was filed but not when her
    underlying debts were incurred.
    Moreover, in determining whether the applicability of a state exemption
    statute, as recognized under 11 U.S.C. § 522 (b) (3) (A), is a matter of
    federal bankruptcy law or state law, this court recognized that there is
    a split of federal authority on this choice of law question but assumed
    that the Bankruptcy Court would adhere to the rule adopted by the
    United States Court of Appeals for the Second Circuit, pursuant to which
    state law governs.
  2. The expanded, $250,000 homestead exemption set forth in P.A. 21-161
    applies in bankruptcy proceedings filed on or after October 1, 2021, the
    effective date of the act, regardless of when the underlying debts
    accrued:
    a. The trustee could not prevail on his claim that the expanded homestead
    exemption does not apply to debts incurred prior to the effective date
    of P.A. 21-161:
    P.A. 21-161 was silent as to the accrual date of the debts that are the
    subject of the postjudgment or bankruptcy proceeding governed by the
    amended homestead exemption, nothing in the language of the act indicated that the legislature had intended to carve out preexisting debts
    from the reach of that exemption, and § 52-352b, as part of the statutory
    scheme that regulates postjudgment procedures, simply defines what
    property is exempt, that is, what property is not subject to any court
    order for purposes of debt collection.
    b. This court rejected the trustee’s claim that it should find in P.A. 21-
    161 an implicit carve-out for debts accrued prior to the act’s October 1,
    2021 effective date insofar as the legislature had included such a carveout in P.A. 93-301:
    The trustee’s argument that the legislature, having been aware of the
    carve-out language in P.A. 93-301, would have clearly indicated if it had
    intended not to include a similar carve-out for preexisting debts in P.A.
    21-161 was unavailing because it was inconsistent with basic rules of
    statutory interpretation, pursuant to which the fact that the legislature
    included a special carve-out for preexisting debts in the original homestead exemption but did not include one in P.A. 21-161 indicated an
    intent not to exclude preexisting debts from the scope of the expanded
    homestead exemption set forth in P.A. 21-161.
    c. There was no merit to the trustee’s claim that this court should find
    in P.A. 21-161 an implicit carve-out for debts accrued prior to the act’s
    October 1, 2021 effective date because a failure to do so would improperly
    give the act retroactive effect without the express authorization of the
    legislature:
    Although the parties’ arguments centered primarily around the issue of
    whether P.A. 21-161 was a procedural or substantive amendment for
    purposes of § 55-3, which applies only if the amendment has a ‘‘retrospective effect,’’ this court concluded that § 55-3 did not apply to the present
    case because the increased homestead exemption set forth in P.A. 21-161
    did not constitute retroactive legislation when C’s bankruptcy proceeding
    was initiated after the effective date of the act.
    Moreover, because it is not always apparent whether a new law has a
    ‘‘retrospective effect,’’ especially when the statutory changes solely alter
    the future, rather than the past, legal consequences of previous transactions or occurrences, this court looked to the approaches taken by the
    United States Supreme Court in Landgraf v. USI Film Products (511
    U.S. 244), in which the majority concluded that a new statute has a
    retroactive effect if it impairs established rights of the parties, imposes
    new duties or obligations that they could not reasonably have anticipated,
    or disturbs other reasonable, settled expectations, and in which the
    concurrence concluded that the focus of the retroactivity inquiry should
    not be on whether the amendment affects vested rights but, rather, on
    the relevant activity that the amendment regulates, and clarified that
    both approaches were part of a proper retroactivity analysis under Connecticut law.
    The application of P.A. 21-161 to preexisting debts would not constitute
    a retroactive application under either of the Landgraf approaches.
    Specifically, under the majority’s approach in Landgraf, there was no
    claim that P.A. 21-161 imposed any new duties or obligations on the
    parties, and applying the increased homestead exemption to preexisting
    debts would not be fundamentally unfair, insofar as it allegedly would
    frustrate the settled expectations of unsecured lenders who extended
    credit to C while the lower, $75,000 exemption was in place, because
    there was no evidence in the record that C’s unsecured creditors ever
    considered the equity in C’s home or relied on the size of the homestead
    exemption when they decided to extend C credit, and the creditors were
    presumed to have been aware that the legislature could increase the
    size of the homestead exemption at any time and that their rights might
    otherwise be adversely impacted by changes in federal or state law.
    Furthermore, under the concurrence’s approach in Landgraf, applying
    P.A. 21-161 to preexisting debts would not qualify as a retroactive application of the law because the accrual of those debts was not the primary
    or principal activity that the act sought to regulate, insofar as § 52-352b
    is part of a chapter of the General Statutes that deals with postjudgment
    procedures, neither the original 1993 homestead exemption nor the 2021
    amendment made any reference to the source or nature of the underlying
    debts involved, instead focusing entirely on the enforcement process,
    and, accordingly, it was clear that the purpose of the 2021 amendment
    was to specify the exemptions that were presently available to the debtor.
    Argued December 12, 2022—officially released July 18, 2023
    Procedural History
    Petition for bankruptcy relief, brought to the United
    States Bankruptcy Court for the District of Connecticut,
    where the court, Tancredi, J., overruled the trustee’s
    objection to the debtor’s claim for a homestead exemption, and the trustee appealed to the United States District Court for the District of Connecticut, where the
    court, Bolden, J., certified a question of law to this
    court concerning whether No. 21-161, § 1, of the 2021
    Public Acts applied retroactively to debts incurred by
    the debtor before the act took effect.
    Jeffrey Hellman, for the appellant (trustee).
    Jenna N. Sternberg, for the appellee (debtor).
    Opinion
    McDONALD, J. In 1993, the legislature, for the first
    time, enacted a so-called ‘‘homestead act,’’ whereby a
    debtor could protect up to $75,000 of the value of a
    primary residence from attachment in postjudgment
    proceedings or bankruptcy. See Public Acts 1993, No.
    93-301, § 2 (P.A. 93-301). Although P.A. 93-301 had an
    effective date of October 1, 1993, and thus applied to
    any proceedings initiated on or after that date, the act
    included a special carve-out: the homestead exemption
    could not be claimed for debts accrued prior to the
    effective date.1 See P.A. 93-301, § 3. In 2021, the legislature amended the homestead act and replaced it with
    a new version that included several changes from the
    prior version of the act. For purposes of this appeal,
    the relevant change made by the legislature was to
    increase the exemption from $75,000 to $250,000,2 but
    this time the legislature did not include any carve-out
    for preexisting debts. See Public Acts 2021, No. 21-161,
    § 1 (P.A. 21-161). The primary question presented by
    this appeal, which reaches us in the form of a certified
    question in a bankruptcy appeal from the United States
    District Court for the District of Connecticut, is whether
    we should nevertheless read a carve-out into the 2021
    public act. We decline to do so.
    I
    On November 22, 2021, the debtor, Elaine M. Cole,
    filed a petition for bankruptcy relief under chapter 7
    of the United States Bankruptcy Code; 11 U.S.C. § 701
    et seq. (2018); in the United States Bankruptcy Court
    for the District of Connecticut. In re Cole, 642 B.R. 208,
    211 (Bankr. D. Conn. 2022). At that time, the debtor
    owned a home in Mystic that she valued at $589,000,
    with equity of more than $350,000, and that was under
    contract for sale. See id., 211, 213. Pursuant to General
    Statutes § 52-352b (21), she claimed a homestead exemption in her home in the amount of $250,000. See id., 211,
    214.
    The trustee of the bankruptcy estate, Anthony S.
    Novak, objected to the claimed homestead exemption.
    Id., 211. The trustee argued, among other things, that the
    debtor could not use the increased homestead amount
    because, although the bankruptcy proceeding was commenced after the October 1, 2021 effective date of P.A.
    21-161, § 1, all of the debtor’s debts were incurred prior
    to that date. See id., 211–12.
    Relying on the principle, embodied in General Statutes § 55-3,3
    that procedural amendments to a statute
    presumptively apply retroactively, whereas substantive
    amendments presumptively apply only prospectively;
    see, e.g., State v. Nathaniel S., 323 Conn. 290, 295, 146
    A.3d 988 (2016); the arguments of the parties before
    the Bankruptcy Court centered around the question
    of whether P.A. 21-161, § 1, enacted a procedural or
    substantive amendment to the homestead act. See In
    re Cole, supra, 642 B.R. 212, 218. The Bankruptcy Court,
    focusing less on the procedural/substantive distinction
    and more on various canons of statutory construction,
    concluded that the amendment was intended to apply
    ‘‘retroactively’’ to preexisting debts. Id., 220–24. Accordingly, the court overruled the trustee’s objection and
    concluded that the debtor was entitled to the $250,000
    homestead exemption. Id., 224.
    The trustee appealed from the decision of the Bankruptcy Court to the United States District Court for the
    District of Connecticut. The District Court indicated
    that it was inclined to agree with the conclusion of
    the Bankruptcy Court that P.A. 21-161, § 1, applies to
    preexisting debts in any bankruptcy proceeding brought
    on or after the effective date. Nevertheless, the District
    Court determined that the absence of an authoritative
    state court decision, the importance of the issue, and
    the capacity of certification to resolve the litigation all
    counseled for certification of the question to this court.
    The District Court therefore certified to this court the
    question of ‘‘[w]hether [P.A.] 21-161 applies retroactively to debts incurred by the debtor before [P.A.] 21-
    161 took effect or prospectively.’’ We accepted certification but, pursuant to General Statutes § 51-199b (k),
    and for the reasons discussed in part II B 3 of this
    opinion, we will answer a slightly modified version of
    the certified question: does the expanded homestead
    exemption contained in P.A. 21-161, § 1, apply in bankruptcy proceedings filed on or after the effective date
    of the act to debts that accrued prior to that date? We
    answer that question in the affirmative.
    II
    A
    Because the certified question involves the intersection of federal bankruptcy law and Connecticut law
    governing postjudgment proceedings, we first must
    determine, as a threshold matter, whether the answer
    is dictated by federal or state law. As we explain more
    fully hereinafter, although there is a split of federal
    authority on this question, we assume that the Bankruptcy Court will adhere to the choice of law rule that
    has been adopted by the United States Court of Appeals
    for the Second Circuit, pursuant to which state substantive law governs. See, e.g., CFCU Community Credit
    Union v. Hayward, 552 F.3d 253, 259 (2d Cir. 2009).
    The federal statute at issue is 11 U.S.C. § 522, which
    specifies what property can be exempted from a debtor’s chapter 7 bankruptcy estate.4 The statute provides
    that, by default, debtors can choose to avail themselves
    of either the limited exemptions that are afforded under
    federal bankruptcy law or, if more generous, the exemptions afforded under state, local, or other federal law.5
    That provision, now codified at 11 U.S.C. § 522 (b),
    was enacted in 1978, prior to the original Connecticut
    homestead act.
    Section 522 provides in relevant part that a debtor
    who opts for the alternative exemption can protect ‘‘any
    property that is exempt under Federal [nonbankruptcy]
    law . . . or State or local law that is applicable on the
    date of the filing of the petition to the place in which
    the debtor’s domicile has been located for the 730 days
    immediately preceding the date of the filing of the petition . . . .’’ (Emphasis added.) 11 U.S.C. § 522 (b) (3)
    (A) (2018). So, the question presented by this appeal
    is whether Connecticut’s homestead exemption, as
    increased under P.A. 21-161, § 1, is applicable to the
    debtor’s case, given that the amended, $250,000 homestead exemption was in effect when her bankruptcy
    petition was filed on November 22, 2021, but not when
    the underlying debts accrued.
    The threshold question is whether the applicability
    of a state exemption statute, as recognized under 11
    U.S.C. § 522, is determined by federal bankruptcy law,
    which would preempt any contrary state law under the
    supremacy clause of the United States constitution; see
    U.S. Const., art. VI, cl. 2; or is a matter of state law
    because the intent of Congress was to incorporate state
    exemption law fully into the Bankruptcy Code. The
    federal courts of appeals and other federal courts are
    divided on this question. See, e.g., J. Lockhart, Annot.,
    ‘‘What Constitutes State or Local Law That Is Applicable
    on Date of Filing of Bankruptcy Petition for Purposes
    of Applying 11 U.S.C.A. § 522 (b) (3) (A) or Its Predecessor in Opt-Out States,’’ 76 A.L.R. Fed. 2d 333, 405–12,
    §§ 27–28 (2013).
    Some courts have held that, under 11 U.S.C. § 522,
    the Bankruptcy Code preempts any contrary state law,
    and, therefore, any state exemption statutes in effect
    at the time a bankruptcy petition is filed apply, regardless of whether the state legislature intended a particular exemption statute to apply only prospectively, retroactively, or only under certain circumstances. See, e.g.,
    In re Morinia, Docket No. 11-07-12803 SA, 2008 WL
    5157501, *3 (Bankr. D.N.M. August 13, 2008); In re
    Skjetne, 213 B.R. 274, 275, 278 (Bankr. D. Vt. 1997). As
    the United States Bankruptcy Appellate Panel of the
    First Circuit explained, ‘‘we must discern the outer limits of a state law’s ability to control an exemption’s
    operative characteristics in the bankruptcy universe.’’
    In re Leicht, 222 B.R. 670, 677 (B.A.P. 1st Cir. 1998).
    ‘‘[A]lthough through § 522 (b) Congress provided states
    with the opportunity to define the category and content
    of exemptions resident debtors may invoke in bankruptcy (going so far as to authorize states to opt out of
    the federal exemption scheme), it defined the operative
    effect of exemptions in bankruptcy through [§] 522 (c)
    and (f). . . . As a consequence, those provisions of the
    [state] homestead statute that limit the exemption’s
    vitality against certain categories of claims cannot hold
    sway against conflicting [Bankruptcy] Code provisions.’’ (Internal quotation marks omitted.) Id. On this
    view, the answer to the certified question would be
    easy: because P.A. 21-161, § 1, took effect prior to the
    date the debtor’s bankruptcy petition was filed, the new,
    higher exemption would apply as a matter of federal
    law.
    The Second Circuit, however, has reached a different
    conclusion with respect to the choice of law question,
    holding that whether and to what extent an exemption
    is applicable on the date a petition is filed is a matter
    solely of state law. SeeCFCU Community Credit Union
    v. Hayward, supra, 552 F.3d 259 (‘‘[although] federal
    law governs the date on which the exemption comes
    into play, [state] law governs the nature and scope of
    the exemption’’); see also First National Bank of Mobile
    v. Norris, 701 F.2d 902, 905 (11th Cir. 1983) (rejecting
    argument that 11 U.S.C. § 522 preempts state law regarding retroactive application of homestead amendments).
    We assume that the Bankruptcy Court will adhere to
    Second Circuit law on this point. See, e.g., In re Pratt &
    Whitney Co., 140 B.R. 327, 331 (Bankr. D. Conn. 1992);
    see also, e.g., In re Duda, 182 B.R. 662, 667 (Bankr. D.
    Conn. 1995), aff’d sub nom. Gernat v. Belford, 192 B.R.
    601 (D. Conn. 1996), aff’d sub nom. In re Gernat, 98
    F.3d 729 (2d Cir. 1996). Accordingly, we must proceed
    on the assumption that Hayward controls and that it
    falls to this court to determine, as a matter of Connecticut law, whether the new exemption amount contained
    in P.A. 21-161, § 1, applied to the debtor’s bankruptcy
    petition filed after the effective date of that statute,
    regardless of when the underlying debts accrued.
    B
    We turn our attention, therefore, to the trustee’s argument that the legislature intended the amended homestead exemption to apply to bankruptcy petitions6
    filed
    on or after October 1, 2021, but did not intend debts
    accrued prior to that date to be subject to the higher
    exemption amount. We are not persuaded.
    1
    Because the applicability of the expanded homestead
    exemption presents a question of statutory interpretation, we begin with the text of the act. See General
    Statutes § 1-2z; see also Maghfour v. Waterbury, 340
    Conn. 41, 46–47, 262 A.3d 692 (2021) (when addressing
    issue of retroactivity, we begin by asking whether legislature has expressly prescribed statute’s proper reach).
    Public Act 21-161, § 1, begins by repealing General
    Statutes (Rev. to 2021) § 52-352b in its entirety. It then
    provides, with respect to the homestead exemption:
    ‘‘The following property of any natural person shall be
    exempt . . . (21) The homestead of the exemptioner
    to the value of two hundred fifty thousand dollars, pro-
    vided value shall be determined as the fair market value
    of the real property less the amount of any statutory
    or consensual lien which encumbers it, except that, in
    the case of a money judgment arising out of a claim of
    sexual abuse or exploitation of a minor, sexual assault
    or other wilful, wanton, or reckless misconduct committed by a natural person, to the value of seventy-five
    thousand dollars . . . .’’ P.A. 21-161, § 1. Finally, the
    act provides that it is ‘‘[e]ffective October 1, 2021
    . . . .’’ P.A. 21-161, § 1.
    On its face, P.A. 21-161, § 1, is silent as to the accrual
    date of the debts that are the subject of the postjudgment
    proceeding or bankruptcy governed by the amended
    homestead exemption. Nothing in the language of the
    act indicates that the legislature intended to carve out
    preexisting (or any other) debts from the reach of the
    exemption. Section 52-352b is part of chapter 906 of
    the General Statutes, which regulates postjudgment
    procedures, and the statute simply defines what property is exempt, that is, ‘‘not subject to any form of
    process or court order for the purpose of debt collection
    . . . .’’ General Statutes § 52-352a (3). Accordingly, on
    the face of the statute, there is no reason to think that
    the expanded homestead exemption, which undisputedly applies in all bankruptcy proceedings brought on
    or after the effective date, does not apply to preexisting
    debts. See, e.g., Southwick at Milford Condominium
    Assn., Inc. v. 523 Wheelers Farm Road, Milford, LLC,
    294 Conn. 311, 320, 984 A.2d 676 (2009) (‘‘if the legislature had intended to create any exception to this rule
    . . . we must assume that it would have said so
    expressly’’); Earl B. v. Commissioner of Children &
    Families, 288 Conn. 163, 175–76, 952 A.2d 32 (2008)
    (similar); Board of Education v. Booth, 232 Conn. 216,
    221, 654 A.2d 717 (1995) (‘‘there is nothing in the definition of ‘earnings’ under [General Statutes] § 52-350a
    (5) to suggest that the legislature intended to limit the
    exemption from prejudgment garnishment only to those
    debts payable prior to the termination of the employment relationship’’).
    We do not understand the trustee to contest that this
    is the plain meaning of the statutory text. Rather, he
    contends that we should nevertheless find an implicit
    carve-out for preexisting debts for two reasons. First,
    the public act that created the prior version of the
    statute contained such a carve-out. See P.A. 93-301,
    §§ 2 and 3. Second, interpreting P.A. 21-161, § 1, not to
    include a similar carve-out would be to give the act
    retroactive effect without the express authorization of
    the legislature. We consider each argument in turn.
    2
    The trustee first contends that we should read a
    carve-out for preexisting debts into P.A. 21-161, § 1,
    because the legislature included such a carve-out in
    P.A. 93-301, the act that created the initial homestead
    exemption. Public Act 93-301, § 3, provides: ‘‘This act
    shall take effect October 1, 1993, and shall be applicable
    to any lien for any obligation or claim arising on or
    after said date.’’ (Emphasis added.) The federal courts
    have read the highlighted language to create a carveout for preexisting debts in bankruptcy proceedings.
    See, e.g., Gernat v. Belford, 192 B.R. 601, 604–605 (D.
    Conn.), aff’d sub nom. In re Gernat, 98 F.3d 729 (2d
    Cir. 1996). The trustee’s argument appears to be that
    the legislature, having been aware of the language and
    judicial interpretations of the prior act, would have
    clearly indicated had it intended not to include a similar
    carve-out in P.A. 21-161, § 1.
    Even if we were to agree with the trustee that it is
    appropriate to look to the legislative history of the act,
    however; see Cohen v. Rossi, 346 Conn. 642, 665–66,
    A.3d (2023) (plurality opinion); see also id., 705
    n.10 (Ecker, J., concurring in part and concurring in
    the judgment); we are not persuaded that the trustee’s
    interpretation is correct.7
    Indeed, the trustee’s argument
    runs headlong into a basic rule of statutory interpretation. ‘‘As we have stated many times, [when] a statute,
    with reference to one subject contains a given provision, the omission of such provision from a similar
    statute concerning a related subject . . . is significant
    to show that a different intention existed.’’ (Internal
    quotation marks omitted.) Asylum Hill Problem Solving Revitalization Assn. v. King, 277 Conn. 238, 256,
    890 A.2d 522 (2006). This principle applies with equal
    force to reenactments of previous statutes. See, e.g.,
    Gilmore v. Pawn King, Inc., 313 Conn. 535, 543–48, 98
    A.3d 808 (2014).
    The fact that the legislature included a special carveout for preexisting debts in the original homestead act
    but did not include one in the 2021 act indicates an
    intent not to exclude preexisting debts from the scope
    of the expanded homestead exemption. Indeed, it makes
    perfect sense that, when the legislature increased the
    homestead exemption in 2021 to keep pace with inflation, it would have opted to avoid the practical problems
    that could have arisen from carving out preexisting
    debts at that time.8
    3
    Finally, we turn our attention to the issue at the core
    of the certified question, as originally framed by the
    District Court. The trustee’s primary argument is that
    interpreting P.A. 21-161, § 1, not to include a carve-out
    for preexisting debts would give the act retroactive
    effect without the express authorization of the legislature. Specifically, the trustee contends that P.A. 21-161,
    § 1, effected a substantive change in the law and that,
    under § 55-3, substantive amendments presumptively
    apply on a solely prospective basis. The debtor counters
    that the amendment was procedural rather than substantive in nature and, therefore, can be applied retroac-
    tively. In the alternative, the debtor argues that, regardless of whether we characterize the amendment as
    substantive or procedural, in the present case, it is
    being applied on a solely prospective basis, insofar as
    it applies to a bankruptcy proceeding that was initiated
    after the effective date of the act. Because we agree with
    the debtor that the enactment of the higher homestead
    exemption does not constitute retroactive legislation
    when applied to postenactment petitions, we need not
    resolve the question of whether the amendment was
    procedural or substantive in nature. In short, there is
    no retroactivity problem here.
    ‘‘It is well established that § 55-3 is a rule of presumed
    legislative intent that statutes affecting substantive
    rights shall apply prospectively only. . . . The rule is
    rooted in the notion that it would be unfair to impose
    a substantive amendment that changes the grounds [on]
    which an action may be maintained on parties who
    have already transacted or who are already committed
    to litigation.’’ (Internal quotation marks omitted.) Shannon v. Commissioner of Housing, 322 Conn. 191, 202,
    140 A.3d 903 (2016). This rule is easier stated than
    applied. See, e.g., id., 204. It is not always clear, for
    example, whether a particular change in the General
    Statutes qualifies as substantive or procedural. See, e.g.,
    Coley v. Camden Associates, Inc., 243 Conn. 311, 317–
    18, 702 A.2d 1180 (1997); see also, e.g., Casiano v. Commissioner of Correction, 317 Conn. 52, 80, 110, 115 A.3d
    1031 (2015) (majority and dissenting justices disagreed
    over whether Miller v. Alabama, 567 U.S. 460, 132 S.
    Ct. 2455, 183 L. Ed. 2d 407 (2012), announced watershed
    rule of criminal procedure for purposes of retroactivity), cert. denied sub nom. Semple v. Casiano, 577 U.S.
    1202, 136 S. Ct. 1364, 194 L. Ed. 2d 376 (2016). Most of the
    briefing in the present case is addressed to that issue.
    But dispositive considerations can arise well before
    we reach the substantive/procedural junction. Section
    55-3 comes into play—that is, we only need to determine
    if a new provision of the General Statutes is substantive
    or procedural—only if the amendment would have a
    ‘‘retrospective effect.’’ Section 55-3 does not define the
    term ‘‘retrospective effect,’’ however, and whether a
    new law would have such an effect in a given case is
    not always apparent. See, e.g., Shannon v. Commissioner of Housing, supra, 322 Conn. 204 (‘‘deciding
    when a statute operates retroactively is not always a
    simple or mechanical task’’ (internal quotation marks
    omitted)). As United States Supreme Court Justice
    Antonin Scalia explained in Martin v. Hadix, 527 U.S.
    343, 119 S. Ct. 1998, 144 L. Ed. 2d 347 (1999), asking
    whether a change in the law is intended to operate
    retroactively ‘‘leaves open the key question: retroactive
    in reference to what?’’ Id., 362 (Scalia, J., concurring
    in part and concurring in the judgment).
    Many retroactivity cases, and most of the easy ones,
    involve ‘‘what modern scholarship calls primary retroactivity—altering the past legal consequences of past
    actions. [This includes] legislative creation of criminal
    or civil liability for completed acts, significantly lessening or adding onto the burdens of past contracts
    (particularly debt contracts), legislative termination of
    accrued claims for relief [regardless of whether they
    are] the subject of a pending action, and legislative
    undoing of final judgments no longer subject to appeal.’’
    (Emphasis added; footnotes omitted; internal quotation
    marks omitted.) A. Woolhandler, ‘‘Public Rights, Private
    Rights, and Statutory Retroactivity,’’ 94 Geo. L.J. 1015,
    1022–23 (2006). These situations tend to be governed
    by well established rules, such as that ‘‘[a] criminal
    statute is said to have [primary] retroactive application
    if it applies to crimes allegedly committed prior to its
    date of enactment.’’ (Internal quotation marks omitted.)
    State v. Bischoff, 337 Conn. 739, 746, 258 A.3d 14 (2021);
    see also General Statutes § 1-1 (u) (passage or repeal
    of act presumptively does not affect pending actions).
    More troublesome is so-called secondary retroactivity, which refers to statutory changes that solely alter
    the future legal consequences of past transactions or
    occurrences. See, e.g., Bowen v. Georgetown University Hospital, 488 U.S. 204, 219, 109 S. Ct. 468, 102 L.
    Ed. 2d 493 (1988) (Scalia, J., concurring) (discussing
    distinction between primary and secondary retroactivity); J. Laitos, ‘‘Legislative Retroactivity,’’ 52 Wash. U.
    J. Urb. & Contemp. L. 81, 84–85 (1997) (same). Many
    changes in the law could be characterized as retroactive
    in some respect. That is to say, they attach some new,
    future legal consequences to actions that were taken
    or decisions that were made prior to their enactment.
    See, e.g., A. Woolhandler, supra, 94 Geo. L.J. 1022 (‘‘[s]ome
    modern judges and even more modern scholars see the
    retroactivity-prospectivity line in the civil context as
    logically illusory, because all legal change may defeat
    expectations, creating winners and losers’’). That alone
    is not enough to render a statute retroactive. See, e.g.,
    D. Bassett, ‘‘In the Wake of Schooner Peggy: Deconstructing Legislative Retroactivity Analysis,’’ 69 U. Cin.
    L. Rev. 453, 467 (2001) (‘‘[e]ven when laws expressly
    state that they are to be applied prospectively, it is
    virtually certain that they will affect expectations and
    prior transactions’’). Indeed, we frequently have recognized that ‘‘a statute does not operate [retroactively]
    merely because it is applied in a case arising from conduct antedating the statute’s enactment . . . or upsets
    expectations based in prior law.’’ (Internal quotation
    marks omitted.) Maghfour v. Waterbury, supra, 340
    Conn. 49–50.
    Take alimony, for example. The legislature might
    amend the alimony laws to make them less favorable
    to either the payer or the payee. Such a law would
    almost certainly qualify as retroactive if applied to
    divorces and alimony awards that were finalized prior
    to its passage, and we would require a clear statement
    of legislative intent before applying it to them.9 But,
    surely, applying the new law in a future divorce action
    to a couple who married in 1990 would not be characterized as a retroactive application, even though the substantive legal rules and duties that govern the couple
    will now differ from those that were in place when they
    made the choice to marry. In that case, the opposite
    presumption applies; we would assume that the new
    rules do apply to existing marriages, unless the legislature provides otherwise. The fact that the change in
    the law is substantive is of little moment. The reason
    for the different outcome is that the relevant reference
    point for purposes of retroactivity is the divorce, which
    happens after the change in the law, and not the marriage, which happened before.
    The relevant reference point is not always so intuitively clear. Hadix was a particularly thorny case. The
    attorney’s fee statute at issue in that case arguably could
    have been retroactively applicable to five different categories of events.10 Before the United States Supreme
    Court could assess whether the ordinary presumption
    against retroactivity applied, the court first had to identify the relevant reference point or points. See Martin
    v. Hadix, supra, 527 U.S. 357–58.
    In the present case, as in the alimony hypothetical,
    there really are just two possibilities. The trustee contends that the accrual of the debts qualifies as one
    relevant reference point. If we permit the debtor to
    claim the expanded homestead exemption with respect
    to debts that accrued prior to the passage of P.A. 21-
    161, § 1, then its application will be retroactive as to
    those debts and should be permitted only if the legislature demonstrated an intent for the amendment to apply
    retroactively.
    The debtor disagrees. She contends that the only
    relevant consideration is when her bankruptcy proceeding was commenced, as the relevant reference point is
    the initiation of the bankruptcy proceeding, not the
    debts to which the homestead exemption would apply.
    If the expanded homestead exemption were applied to
    a previously commenced bankruptcy proceeding, then
    a retroactivity issue would arise. But, she contends,
    merely to apply the expanded exemption in a bankruptcy proceeding that was commenced after the effective date of P.A. 21-161, § 1, does not raise any retroactivity concerns, regardless of when the debts accrued,
    and, so, § 55-3 simply does not apply here.
    For secondary retroactivity claims of this sort, courts,
    including this court, have struggled to identify the
    proper reference point or points and to define exactly
    when a new law so alters the future legal consequences
    of prior conduct that it can be said to operate retroactively with respect to that conduct. The seminal case
    in which the United States Supreme Court attempted
    to resolve these issues was Landgraf v. USI Film Products, 511 U.S. 244, 114 S. Ct. 1483, 128 L. Ed. 2d 229
    (1994). In Landgraf, a five justice majority recognized
    that the high court had used various formulations to
    articulate when a substantive change in the law is being
    applied retroactively, including that a statute or law is
    retroactive if it ‘‘changes the legal consequences of acts
    completed before its effective date’’; (internal quotation
    marks omitted) id., 269 n.23; ‘‘gives a quality or effect
    to acts or conduct [that] they did not have or did not
    contemplate when they were performed’’; (internal quotation marks omitted) id.; or ‘‘takes away or impairs
    vested rights acquired under existing laws, or creates
    a new obligation, imposes a new duty, or attaches a new
    disability, in respect to transactions or considerations
    already past . . . .’’ (Internal quotation marks omitted.) Id., 269. Ultimately, the Landgraf majority settled
    on the following formulation: ‘‘[T]he court must ask
    whether the new provision attaches new legal consequences to events completed before its enactment. The
    conclusion that a particular rule operates retroactively
    comes at the end of a process of judgment concerning
    the nature and extent of the change in the law and the
    degree of connection between the operation of the new
    rule and a relevant past event.’’ (Internal quotation
    marks omitted.) Id., 269–70. Put differently, ‘‘[a] new
    statute would have retroactive effect . . . [if] it would
    impair rights a party possessed when he acted, increase
    a party’s liability for past conduct, or impose new duties
    with respect to transactions already completed.’’ Id.,
    280; see also Martin v. Hadix, supra, 527 U.S. 358 (retroactivity assessment ‘‘should be informed and guided
    by familiar considerations of fair notice, reasonable
    reliance, and settled expectations’’ (internal quotation
    marks omitted)).
    The Landgraf majority’s formulation certainly covers
    the full ambit of primary retroactivity. With respect to
    secondary retroactivity, however, the guidance is less
    instructive. As we discussed, virtually every substantive
    change in the law has the potential to upset someone’s
    expectations or impose new consequences on some
    prior actions and decisions. Under the majority
    approach in Landgraf, the more settled and reasonable
    those expectations, the more likely we are to deem the
    change retroactive. But the majority readily admits that
    this analysis is a subjective one, recognizing that its
    formulation ‘‘will leave room for disagreement in hard
    cases, and is unlikely to classify the enormous variety
    of legal changes with perfect philosophical clarity.’’
    Landgraf v. USI Film Products, supra, 511 U.S. 270.
    In a concurring opinion, Justice Scalia, joined by two
    other members of the court, proposed a different
    approach to retroactivity questions. See Landgraf v.
    USI Film Products, 511 U.S. 244, 290, 114 S. Ct. 1522,
    128 L. Ed. 2d 229 (1994) (Scalia, J., concurring in the
    judgments). The concurrence argued that ‘‘[t]he critical
    issue . . . is not whether the rule affects vested rights
    . . . but rather what is the relevant activity that the
    rule regulates. [In the absence of a] clear statement
    otherwise, only such relevant activity [that] occurs after
    the effective date of the statute is covered. Most statutes
    are meant to regulate primary conduct, and hence will
    not be applied in trials involving conduct that occurred
    before their effective date. But other statutes have a
    different purpose and therefore a different relevant retroactivity event.’’ (Emphasis omitted; internal quotation
    marks omitted.) Id., 291 (Scalia, J., concurring in the
    judgments). By way of example, the concurrence
    explained, ‘‘[a] new ban on gambling applies to existing
    casinos and casinos under construction . . . even though
    it attaches a new disability to those past investments.
    The relevant retroactivity event is the primary activity
    of gambling, not the primary activity of constructing
    casinos.’’ (Citation omitted; internal quotation marks
    omitted.) Id., 293–94 n.3 (Scalia, J., concurring in the
    judgments).
    Although the majority’s approach in Landgraf is, of
    course, the law of the land, at least as far as federal
    law is concerned, the United States Supreme Court has,
    at times, also relied on the Landgraf concurrence. See,
    e.g., Hughes Aircraft Co. v. United States ex rel.
    Schumer, 520 U.S. 939, 947, 117 S. Ct. 1871, 138 L. Ed.
    2d 135 (1997) (majority approach in Landgraf is not
    ‘‘the exclusive definition of presumptively impermissible retroactive legislation’’); id., 951 (citing concurrence’s approach); see also, e.g., Vartelas v. Holder, 566
    U.S. 257, 269–70, 132 S. Ct. 1479, 182 L. Ed. 2d 473
    (2012) (part of what court considers in assessing
    whether application of statute would be retroactive is
    what primary activity Congress sought to regulate).
    Accordingly, the lower federal courts have found both
    approaches instructive when faced with thorny questions regarding secondary retroactivity. See, e.g., Covino v. Reopel, 89 F.3d 105, 106–108 (2d Cir. 1996). Insofar
    as our prior retroactivity cases have not provided adequate guidance in this respect, we take this opportunity
    to clarify that both approaches are part of a proper
    retroactivity analysis under Connecticut law.
    In this case, both the majority’s and the concurrence’s
    approaches in Landgraf point to the same result: application of P.A. 21-161, § 1, to preexisting debts would not
    constitute a retroactive application. Under the majority’s
    approach, we look to factors such as whether allowing
    the debtor to avail herself of the higher homestead
    exemption would impair established rights of the creditors or the trustee, impose new duties or obligations
    that they could not reasonably have anticipated, or disturb other reasonable, settled expectations. See Landgraf v. USI Film Products, supra, 511 U.S. 270, 280.
    There is no claim here that P.A. 21-161, § 1, imposed
    any new duties or obligations on the parties.
    With respect to the rights and expectations of the
    parties regarding the unsecured debts at issue in this
    case, we are persuaded by the following analysis: ‘‘The
    reality of modern commercial transactions is that a
    lender who reasonably expects specific property to be
    available to satisfy an obligation . . . takes a secured
    position in the property. A lender’s expectation of later
    realization of payment from unsecured property in existence at the time of contract is, [in the absence of]
    unusual circumstances, an expectation founded on pure
    speculation. Realization of payment from such property
    is necessarily dependent [on] circumstances and rights
    that do not exist at the time of [the] unsecured contract
    and that are not created by it. It is dependent [on]
    continued retention of ownership and equity in the
    property by a debtor as well as the subsequent creation
    of a lien by judgment and/or levy.
    ‘‘A creditor’s right to enforcement of the contract
    through remedy of judgment and levy against specific
    unsecured property of a debtor is an implied contract
    right. But the contractual relationship of parties is not
    substantially impaired by later legislation compromising or eliminating that right unless the right otherwise
    has substantial value to the contractual relationship at
    the time of the legislation complained of. [When] an
    unsecured claim has not been reduced to judgment
    prior to such legislation, the abstract right of potential
    enforcement out of specific unsecured property, standing alone, ordinarily has no substantial value to the
    contractual relationship in light of modern commercial
    transactions. This is particularly so [when] the legislation compromising or eliminating the right is in an area
    of established, long-standing legislative control and regulation, such as homestead exemption laws. The abstract
    right is simply one without reasonable expectation of
    fulfillment.’’ (Footnote omitted.) In re Johnson, 69 B.R.
    988, 993 (Bankr. D. Minn. 1987); see also Central Bank
    v. Hickey, 238 Conn. 778, 784, 680 A.2d 298 (1996) (‘‘the
    very nature of an unsecured debt is that the creditor
    has no current legal interest in the assets of its debtor’’);
    Massa v. Nastri, 125 Conn. 144, 147, 3 A.2d 839 (1939)
    (established rights that are presumptively secure from
    retroactive civil legislation ‘‘must be something more
    than such a mere expectation as may be based [on] an
    anticipated continuance of the present general laws’’
    (internal quotation marks omitted)).
    For this reason, we reject the trustee’s argument that
    applying the increased homestead exemption to preexisting debts would be fundamentally unfair because it
    would frustrate the settled expectations of unsecured
    lenders who extended credit while the lower, $75,000
    exemption was in place. There is no evidence in the
    record that the debtor’s creditors ever considered the
    equity in her house, much less that they relied to their
    detriment on the size of the Connecticut homestead
    exemption when they decided to extend her credit.
    Rather, the unsecured creditors are presumed to have
    been aware that the legislature could increase the size
    of the homestead exemption at any time and that their
    rights might otherwise be adversely impacted by
    changes in federal or state law. See, e.g., CFCU Community Credit Union v. Hayward, supra, 552 F.3d 268;
    see also, e.g., In re Van Hove, 78 B.R. 917, 920 (N.D.
    Iowa 1987) (lenders’ reasonable contract expectations
    were not impaired by application of increased exemption, in light of state’s ‘‘clearly established . . . rule
    that the extent of the debtor’s exemption rights [is]
    determined by reference to the exemption statutes in
    effect on the date the bankruptcy petition was filed,
    regardless of when the debts arose’’ (emphasis in original)). Indeed, the debtor could have simply shielded
    additional assets by selling her Connecticut home and
    relocating to one of the many states with larger (in some
    cases, unlimited) homestead exemptions. See, e.g., T.
    Tarvin, ‘‘Bankruptcy, Relocation, and the Debtor’s Dilemma: Preserving Your Homestead Exemption Versus
    Accepting the New Job Out of State,’’ 43 Loy. U. Chi.
    L.J. 141, 145 (2011). Any expectation that the debtor
    would be perpetually limited to a $75,000 exemption
    was, in short, unreasonable.
    The result is the same under the concurrence’s
    approach in Landgraf. See Landgraf v. USI Film Products, supra, 511 U.S. 291 (Scalia, J., concurring in the
    judgments). Applying P.A. 21-161, § 1, to preexisting
    debts would not qualify as a retroactive application of
    the law because the accrual of those debts is not the
    principal activity that the law seeks to regulate. See id.
    As we discussed; see footnote 6 of this opinion; § 52-
    352b is part of chapter 906, which deals with postjudgment procedures, and the title of P.A. 21-161 is ‘‘An Act
    Concerning Property That Is Exempt from a Judgment
    Creditor.’’ Neither the original homestead act nor the
    2021 amendment makes any reference whatsoever to
    the source or nature of the underlying debts involved.
    The focus, rather, is entirely on the enforcement process—what exemptions are available to the debtor during the bankruptcy or postjudgment proceeding.
    11 Public
    Act 21-161, § 1, provides that the homestead exemption
    ‘‘shall be determined as the fair market value of the real
    property less the amount of any statutory or consensual
    lien which encumbers it’’ at the time of the proceeding,
    not when the debt or debts accrued. It is clear that the
    purpose of the act is to specify the exemptions that are
    presently available to a debtor. Indeed, counsel for the
    trustee conceded at oral argument before this court that
    the primary purpose of the statute is to allow debtors
    to shield from creditors a portion of the equity in their
    home. For this reason, applying the expanded homestead exemption to a bankruptcy proceeding that was
    initiated on or after the effective date of the act does
    not constitute a retroactive application, any more than
    a new law governing divorces would be retroactive
    with respect to already married couples. That result is
    consistent with this court’s prior secondary retroactivity cases.12
    We thus conclude that P.A. 21-161, § 1, is not retroactive as applied to the debtor’s bankruptcy petition.
    Accordingly, § 55-3 is not applicable, and we need not
    resolve the dispute between the parties as to whether
    the 2021 amendment effected a substantive or procedural change in the law. See State v. Faraday, 268 Conn.
    174, 197 and n.11, 842 A.2d 567 (2004). Because the
    legislature did not direct otherwise, the expanded
    homestead exemption contained in P.A. 21-161, § 1,
    applies in all bankruptcy and postjudgment proceedings
    initiated on or after the effective date of the act, regardless of when the underlying debts accrued.
    The answer to the certified question, as reformulated,
    that is, does the expanded homestead exemption contained in P.A. 21-161, § 1, apply in bankruptcy proceedings filed on or after the effective date of the act to
    debts that accrued prior to that date, is ‘‘yes.’’
    In this opinion the other justices concurred.
    1 The relevant statutory language is set forth in part II B 2 of this opinion.
    2 The act maintained the $75,000 exemption for money judgments arising
    out of certain tort claims that are not relevant to the present case. Public
    Acts 2021, No. 21-161, § 1; see also part II B 1 of this opinion.
    3 General Statutes § 55-3 provides: ‘‘No provision of the general statutes,
    not previously contained in the statutes of the state, which imposes any
    new obligation on any person or corporation, shall be construed to have a
    retrospective effect.’’
    We will use the terms ‘‘retrospective’’ and ‘‘retroactive’’ interchangeably.
    4
    ‘‘Under the [federal Bankruptcy] Code, all property of the debtor, including exempt property, initially becomes part of the bankruptcy estate. The
    debtor is thereafter permitted to assert exemptions by filing a list of property
    that he or she claims as exempt. . . . [T]he exemptions augment the debtor’s ‘fresh start’ by allowing the debtor to take back certain assets from the
    bankruptcy estate.’’ (Citations omitted.) Gernat v. Belford, 192 B.R. 601, 603
    (D. Conn.), aff’d sub nom. In re Gernat, 98 F.3d 729 (2d Cir. 1996).
    5 Under the Bankruptcy Code, states can choose to opt out of the federal
    bankruptcy exemptions, so that only those afforded by state law are available
    in a federal bankruptcy proceeding conducted in that state. See 11 U.S.C.
    § 522 (b) (2) (2018). Approximately one third of the states, including Connecticut, have not opted out. See, e.g., G. Sullivan, ‘‘A Fresh Start to Bankruptcy
    Exemptions,’’ 2018 BYU L. Rev. 335, 339 (2018); J. Salisbury, Note, ‘‘Are
    They or Aren’t They ‘Retirement Funds’? The Case for Including Funds from
    an Inherited IRA in a Debtor’s Bankruptcy Estate,’’ 80 Mo. L. Rev. 871, 884
    n.142 (2015).
    6 The amended homestead exemption is codified at § 52-352b (21). By its
    terms, § 52-352b makes no mention of bankruptcy proceedings. Indeed, on
    its face, all of chapter 906 of the General Statutes is dedicated only to
    postjudgment proceedings. Nevertheless, there is little doubt that the legislature intended the homestead exemption, like all of the exemptions contained
    in § 52-352b, to be available in federal bankruptcy proceedings under 11
    U.S.C. § 522 (b), as well.
    Section 52-352b begins with the statement that ‘‘[t]he following property
    of any natural person shall be exempt . . . .’’ General Statutes § 52-352a
    (3), in turn, defines ‘‘exempt’’ expansively as ‘‘not subject to any form of
    process or court order for the purpose of debt collection . . . .’’ (Emphasis
    added.) To the extent that the statutory language is ambiguous in this
    respect, the legislative history confirms that the homestead exemption was
    intended to be used primarily in federal bankruptcy proceedings. This point
    is made repeatedly in the legislative histories of both the original version
    of the homestead act and the 2021 amendment. See, e.g., 36 H.R. Proc., Pt.
    30, 1993 Sess., p. 10,828, remarks of Representative Dale W. Radcliffe (‘‘[t]he
    amendment merely adds to several of those exemptions in the event of
    bankruptcy’’); id., pp. 10,849–50, remarks of Representative Lee A. Samowitz
    (discussing application of homestead exemption in foreclosure and bankruptcy); id., p. 10,857, remarks of Representative Radcliffe (‘‘[o]nly two
    states . . . provide no protection [whatsoever] for a . . . resident in the
    event of bankruptcy and that is really what this does’’); see also, e.g., 64 H.R.
    Proc., Pt. 6, 2021 Sess., p. 4170, remarks of Representative Craig Fishbein
    (discussing exemptions in bankruptcy context); Conn. Joint Standing Committee Hearings, Judiciary, Pt. 3, 2021 Sess., pp. 1454–58, remarks of Attorney
    Susan M. Williams (discussing exemption in bankruptcy context); id., p.
    1456, remarks of Attorney Williams (‘‘three decades is much too long to
    wait to amend the home bankruptcy exemptions’’).
    7 Likewise, we have reviewed the legislative history of P.A. 21-161, § 1,
    and, to the extent that it is relevant, we find therein no support for the
    trustee’s contention that the legislature intended to create a new carve-out
    for preexisting debts.
    8 As the Bankruptcy Court observed, if P.A. 21-161, § 1, repealed the prior
    homestead exemption, but the expanded one was applicable only to those
    debts accrued on or after October 1, 2021, then the practical effect could
    have been to create a ‘‘donut hole’’ in which the exemption was temporarily
    abolished in its entirety. See In re Cole, supra, 642 B.R. 221. That was
    certainly not the intent of the legislature. Furthermore, the Bankruptcy
    Court explained, even if the original homestead exemption did continue to
    follow debts accrued while it was in effect, the trustee’s interpretation would
    significantly and unnecessarily complicate bankruptcy proceedings, as different exemption amounts could apply to portions of different debts that
    were accrued before and after the effective date. See id. (‘‘asserting two
    applicable state homestead exemptions would be incongruous and would
    irreconcilably complicate the administration of a bankruptcy estate’’); see
    also In re Skjetne, supra, 213 B.R. 278 (with respect to revolving credit
    accounts, cautioning about ‘‘the tremendous cost . . . and the impossible
    task of knowing what debt is incurred prior to . . . and what debt is incurred
    after the effective date of the homestead amendment’’ (internal quotation
    marks omitted)).
    9 This assumes that such application satisfied all relevant constitutional
    restraints. The question of whether application of a new or amended statute
    qualifies as retroactive—a matter largely of statutory interpretation—is distinct from the question of whether it violates the contract clause of the
    federal constitution or the ex post facto, takings, or due process provisions
    of the federal or state constitutions.
    10 Hadix addressed a provision of the Prison Litigation Reform Act of
    1995 (PLRA), Pub. L. No. 104-134, § 803, 110 Stat. 1321, 1321-72 (codified
    as amended at 42 U.S.C. § 1997e (d) (3)), that placed new limits ‘‘on the
    fees that may be awarded to attorneys who litigate prisoner lawsuits.’’
    Martin v. Hadix, supra, 527 U.S. 347. In that case, the limits arguably could
    have applied ‘‘retroactively’’ with respect to five different points in time or
    categories of events: ‘‘(1) the alleged violation [on] which the fee-imposing
    suit is based (applying the new fee rule to any case involving an alleged
    violation that occurred before the PLRA became effective would be giving
    it retroactive application); (2) the lawyer’s undertaking to prosecute the
    suit for which attorney’s fees were provided (applying the new fee rule to
    any case in which the lawyer was retained before the PLRA became effective
    would be giving it retroactive application); (3) the filing of the suit in which
    the fees are imposed (applying the new fee rule to any suit brought before
    the PLRA became effective would be giving it retroactive application); (4)
    the doing of the legal work for which the fees are payable (applying the
    new fee rule to any work done before the PLRA became effective would
    be giving it retroactive application); and (5) the actual award of fees in a
    prisoner case (applying the new fee rule to an award rendered before the
    PLRA became effective would be giving it retroactive application).’’ (Internal
    quotation marks omitted.) Id., 362–63 (Scalia, J., concurring in part and
    concurring in the judgment).
    11 Although the 2021 amendment maintained the $75,000 cap on the homestead exemption for debts arising from certain categories of legal claims,
    it did so only with respect to money judgments arising out of those claims.
    See General Statutes § 52-352b (21) (maintaining prior homestead exemption
    ‘‘in the case of a money judgment arising out of a claim of sexual abuse
    or exploitation of a minor, sexual assault or other wilful, wanton, or reckless
    misconduct committed by a natural person’’ (emphasis added)).
    12 See, e.g., Commissioner of Correction v. Freedom of Information Commission, 307 Conn. 53, 69–70, 52 A.3d 636 (2012) (application of nondisclosure rule to previously detained individuals would not be retroactive); Contractor’s Supply of Waterbury, LLC v. Commissioner of Environmental
    Protection, 283 Conn. 86, 88–89, 109–10, 925 A.2d 1071 (2007) (law barring
    location of asphalt plants in proximity to watercourses was not retroactive
    as applied to prior permit application); Schieffelin & Co. v. Dept. of Liquor
    Control, 194 Conn. 165, 172–76, 479 A.2d 1191 (1984) (statute that prohibited
    termination of wholesale liquor distributorships except for cause applied
    prospectively to all terminations regardless of whether distributorships predated or postdated statute); Nagle v. Wood, 178 Conn. 180, 187, 423 A.2d
    875 (1979) (statute expanding inheritance rights of ‘‘illegitimate children’’
    operated prospectively as to future deaths but, apparently, encompassed
    children born before enactment); Hartford v. Suffield, 137 Conn. 341, 343–45,
    77 A.2d 760 (1950) (in action to recover cost of supporting ‘‘paupers,’’ statute
    providing that ‘‘ ‘[a]ny person, having a settlement in any town in this state,
    who shall have resided outside of said town for a period of four consecutive
    years, shall be deemed to have lost his settlement therein’ ’’ was prospective
    in effect because it governed actions brought after its operative date, even
    though it altered legal status of persons who relocated prior to that date)

SOURCE: https://www.jud.ct.gov//external/supapp/Cases/AROcr/CR347/347CR36.pdf