Speer v. Nationstar Mortgage, LLC

Citations

• 235 Conn. App. 278

Syllabus

The plaintiff appealed from the trial court's judgment granting the defen- dant's motion to dismiss her complaint for lack of subject matter jurisdiction. The plaintiff's complaint sought damages for the defendant's alleged actions undertaken in violation of the Connecticut Unfair Trade Practices Act (CUTPA) (§ 42-110a et seq.). The plaintiff claimed, inter alia, that the court improperly concluded that she lacked standing to maintain her cause of action because she had commenced the action during the pendency of a bankruptcy proceeding and her claim became the property of the bankruptcy estate. Held: The trial court improperly granted the defendant's motion to dismiss on the basis that the plaintiff lacked standing to maintain her action against the defendant, as most of the challenged conduct in support of the plaintiff's alleged violations of CUTPA occurred after the filing of the bankruptcy petition and was not sufficiently rooted in the prebankruptcy past, and, accordingly, the claim did not become property of the bankruptcy estate as a matter of law. Argued November 21, 2024—officially released September 23, 2025