PER CURIAM:
This appeal presents an unsettled question of Connecticut law regarding the interpretation of Conn. Gen.Stat. §§ 52-361a and 52-367b
Plaintiff-Appellee The Cadle Co. ("Cadle") is a judgment creditor of Defendant-Appellant Terry B. Fletcher ("Fletcher") with respect to two state court judgments amounting to more than $3 million, which remain unsatisfied. The parties have stipulated that since at least 2005, Fletcher has transferred to his wife, Defendant-Appellant Marguerite Fletcher, more than $300,000 by depositing, or causing her to deposit, his wages into her bank account. During part of this period, Cadle and another judgment creditor garnished Fletcher's wages.
In 2011, Cadle sued the Fletchers in the District Court to recover those transfers, bringing three claims under the Connecticut Uniform Fraudulent Transfer Act ("CUFTA"), Conn. Gen.Stat. § 52-552a et seq.
This case presents a question of Connecticut law that no appellate court has answered: whether Conn. Gen.Stat. §§ 52-361a and 52-367b, read together, exempt post-garnishment residual wages held in a third party's bank account from further execution, so that they become freely transferable under CUFTA.
The District Court answered that question in the negative. Although its well-reasoned opinion accords with an earlier District of Connecticut decision
We are permitted to certify a question to the Supreme Court of Connecticut "if the answer may be determinative of an issue in pending litigation in the certifying court and if there is no controlling appellate decision, constitutional provision or statute of this state." Conn. Gen.Stat. § 51-199b(d); see also 2d Cir. Local R. 27.2(a). "We have long recognized that state courts should be accorded the first opportunity to decide significant issues of state law through the certification process, and that, especially where the issues implicate the weighing of policy concerns, principles of comity and federalism strongly support certification." Munn v. Hotchkiss Sch., 795 F.3d 324, 334 (2d Cir. 2015) (brackets and internal quotation marks omitted).
Certification is appropriate here for three reasons. First, this question is determinative of the pending appeal, and no prior case is controlling. Second, the divergence between federal and state interpretation counsels in favor of certification. Third, postjudgment execution is a deeply sensitive policy matter for Connecticut, whose legislature recently revised § 52-367b. We believe it is more appropriate for the Connecticut Supreme Court to address this matter in the first instance because it is in a better position than this Court to determine how to interpret these sections in light of Connecticut's overall statutory scheme.
For the foregoing reasons and pursuant to Conn. Gen.Stat. § 51-199b and Local Rule 27.2 of this Court, we respectfully
"Do Conn. Gen.Stat. §§ 52-361a and 52-367b, read together, exempt post-garnishment residual wages held in a third party's bank account from further execution, so that they become freely transferable under the Connecticut Uniform Fraudulent Transfer Act, Conn. Gen.Stat. § 52-552a et seq.?"
"The Connecticut Supreme Court may modify [this] question[ ] as it sees fit and, should it choose, may direct the parties to address other questions it deems relevant." Munn, 795 F.3d at 337.
It is hereby
Conn. Gen.Stat. § 52-552e(a). CUFTA defines "transfer" as "every mode ... of disposing of or parting with an asset or an interest in an asset." Id. § 52-552b(12). Finally, CUFTA defines an asset as "property of a debtor," but excludes, in relevant part, "property to the extent it is generally exempt under nonbankruptcy law." Id. § 52-552b(2).
Connecticut General Statute § 52-352b, titled "Exempt Property," provides that the
Notably, this statute does not provide that the balance of wages, post-garnishment, is exempt from execution.