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Connecticut Questions & Answers
2 Answers | Asked in Bankruptcy for Connecticut on
Q: Can I either leave my federal student loans out of chapter 7 bankruptcy or keep paying them so they are not defaulted

I am on an income driven repayment plan working towards PSLF. I have to file chapter 7 bankruptcy due to husbands bad money management. I don't want my loans to pause or go into default or in any way be affected by the bankruptcy. Is that possible? I have to stay on track so I am done paying... Read more »

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Nov 29, 2020

When you file for bankruptcy relief, you must file Schedules listing all of your debts and assets. And you must sign those Schedules under penalty of perjury. So, no, you cannot leave your student loans, or any other debt (or claim against you even if you don't think you owe it), "out... Read more »

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1 Answer | Asked in Land Use & Zoning for Connecticut on
Q: The previous owner of our property stole land from our neighbor to expand driveway 10 years ago who legally owns It now

Our neighbor is trying to cut into our driveway to get back to original land plots but she never disputed it when the previous owner took her land and we bought it with the driveway as is

Joseph B. LaRocco
Joseph B. LaRocco answered on Nov 18, 2020

Adverse possession is recognized under Connecticut Law and requires a 15 year period, pursuant to Connecticut General Statutes Section 52-575.

Adverse possession is a method of acquiring title to real estate, accomplished by an open, visible, and exclusive possession uninterruptedly for a...
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1 Answer | Asked in Collections for Connecticut on
Q: I am getting calls from a company that bought a 11 yr old car loan. trying to sue me for intent to fraud

I'm homeless and worried

Joseph B. LaRocco
Joseph B. LaRocco answered on Nov 18, 2020

This loan is likely barred by the statute of limitations for fraud which is three years. Also the statute of limitations in Connecticut for debt collection is 6 years. HOWEVER, DO NOT ACKNOWLEDGE TEH DEBT OR MAKE A PAYMENT ON THE DEBT, because that will start the statute of limitations all over... Read more »

1 Answer | Asked in Business Formation, Business Law and Employment Law for Connecticut on
Q: can my company make payments on personal loan of mine instead of paying me a higher salary?

my company made loan payments for me instead of paying me a higher salary....now they want me to pay taxes on this money? is that legal

Ana Maria Del Valle-Aguilera
Ana Maria Del Valle-Aguilera answered on Oct 29, 2020

If your company pays your personal loan directly it must be reported as additional income to you and an expense to the company. If you own the company, you should check with your accountant to see if there are any actual tax savings.

2 Answers | Asked in Estate Planning for Connecticut on
Q: In CT Back in March my moms attorney passed away in the middle of settling an estate for her. We have not been notified

Of who is replacing him. He had his own practice with no partners. Where do we go to find out who took his open cases? Thanks

Nina Whitehurst
Nina Whitehurst answered on Oct 1, 2020

Start by contacting the State Bar of Connecticut. They might have been notified by now as to who is taking over his cases. But in the meantime you might be better off just hiring another probate attorney to substitute into the case. It would be a pretty simple motion to make and ought to be... Read more »

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1 Answer | Asked in Medical Malpractice for Connecticut on
Q: Ftom usa ct Can my wife sue in dominican republic for bad cosmetic surgery

She peform surgery cosmetic in dominican rrpublic and now shes sufering and traumatised .

Tim Akpinar
Tim Akpinar answered on Sep 29, 2020

Your wife would need to discuss this with an attorney who practices in the Dominican Republic. I'm sorry for her ordeal. Before investing money in exploring the merits of the case, it might be helpful to determine which courts would have jurisdiction over such a matter. I can't speak for... Read more »

1 Answer | Asked in Business Law, Copyright, Intellectual Property and Trademark for Connecticut on
Q: can I create a game-ready replica asset of a registered trademarked building viz Tower of London for commercial use?

Video- game for commercial use, Environment creation.

Timothy John Billick
Timothy John Billick answered on Sep 29, 2020

This is a tough area of U.S. trademark law, and courts have different views on scope of trademark protection for buildings. On the one hand, rights-holders do have the right to exclude others from using the building images in commerce in a way that denotes "designation of origin" or has a... Read more »

1 Answer | Asked in Probate and Real Estate Law for Connecticut on
Q: Is there a minimum deposit amt when purchasing a probate home in CT? I believe in some states it is 10%, does this apply

When purchasing a probate home in CT, is there a minimum deposit amount required? I believe some states require a 10% deposit, is this true for CT as well?

Matthew A. Wiley
Matthew A. Wiley answered on Sep 28, 2020

No. There is no law regarding the size of a deposit. There are quite a few factors that go into buying a home and identifying the deposit amount. Speak with your realtor or speak with a real estate attorney. Many attorneys (my firm included) like to speak to real estate clients early in the process... Read more »

1 Answer | Asked in Probate for Connecticut on
Q: My husband passed without leaving a will or power of attorney. I want to close accounts that were in his name only?

He has loans etc in his name only, the company won't let me have access to his account without power of attorney letter, he didn't leave one what forms do I need to file to help gain access?

Matthew A. Wiley
Matthew A. Wiley answered on Sep 28, 2020

First sorry for your loss. I know this must be a very frustrating time for you.

Once someone passes away a power of attorney would not be valid, even if you had one. What you may need to do is file with the local Probate Court. They will give you a Fiduciary Certificate. You can provide...
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1 Answer | Asked in Animal / Dog Law for Connecticut on
Q: Dog licensed in Ct , brought to NY by exboyfriend after an argument. He tells me the dog cannot travel to Ct

He tells me the dog cannot travel across state lines. Is this the law?

Kristina M. Bergsten
Kristina M. Bergsten answered on Sep 1, 2020

No. As long as they are not being transported for commercial purposes, they do not need a permit for transport. They should have all their shots prior to transport if they are a family dog, but that's generally the only requirement.

1 Answer | Asked in Internet Law and Trademark for Connecticut on
Q: I am dealing with Design Dok in CA and they claim 100% money back guaranteed and they won’t give me my money back

I also filed a trademark with them and I don’t believe they ever filed for one and just took my money.

Bernard Samuel Klosowski
Bernard Samuel Klosowski answered on Aug 22, 2020

It sounds like you might have a contract breach, but their fine print probably says that you have to arbitrate the dispute in California and that damages are limited to the price paid to them. You may have to consult with a California attorney to review your specific details in this regard.... Read more »

1 Answer | Asked in Criminal Law for Connecticut on
Q: Can you explain a citizen's arrest, and can you be charged with resisting a citizen's arrest?
Tsion Abate Chudnovsky
Tsion Abate Chudnovsky answered on Jul 28, 2020

WHAT IS A CITIZEN'S ARREST?

Private individuals have the authority to make a "citizen's arrest" to detain someone they reasonably suspect of committing a felony crime. The crime does not need to occur in their presence as long as a felony was actually committed by the...
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1 Answer | Asked in Contracts for Connecticut on
Q: In Connecticut, is it legal to strike/cross out language in a contract prior to endorsement by both parties?
Tim Akpinar
Tim Akpinar answered on Jul 27, 2020

A Connecticut attorney should advise, but your question remains open for two weeks. As a general premise of contract law, one side cannot simply change agreed upon terms in a contract. If both sides agree to make changes, it's possible they could make notations and strikethroughs and then... Read more »

1 Answer | Asked in Probate for Connecticut on
Q: So CT probate charges a fee even though there are no assets to go through probate?

All assets were joint or designated via trust. Probate charged base fee plus .5% of taxable estate.

Steven Basche
Steven Basche answered on Jul 21, 2020

Yes, even though the court doesn't do much, when the tax return is filed to clear any possible lien on the property, the court will assess the probate fee.

1 Answer | Asked in Estate Planning and Probate for Connecticut on
Q: My dad died in Oct. 2017. My brother filed probate papers in March 2018. My brother died in 2020.

I went and got a copy of my dads probate papers. They said both my brother and my name on papers. The estate said there was $30,990. My brother paid my dads furneral $13,000. He kept the balance for himself. He was suppose to split with me. Like I said he passed away a month ago. I didn't know... Read more »

Steven Basche
Steven Basche answered on Jul 21, 2020

Yes, you have a claim against your brother's estate. Probate court where you father died should have copies of the various filings in your father's estate. They should show the amount you were entitled to and then you'd have to prove he kept that money and didn't pay it out to... Read more »

1 Answer | Asked in Estate Planning, Probate and Wrongful Death for Connecticut on
Q: My husband's brother passed away 5 years ago in CT, without a will.

My husband was the executor of the estate, however he was unable to continue, as he became ill. Then, his sister became the executor of estate. Both parents and all siblings were named beneficiaries to the estate. There has been a wrongful death lawsuit going on and is now in the process of... Read more »

Steven Basche
Steven Basche answered on Jul 21, 2020

First, my heart goes out to you in this difficult time.

Now to answer the question. You and/or your daughter should be entitled to your husband's share of his brother's estate. Your husband was alive at the time of his brother's death, so he (or in this case his estate)...
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1 Answer | Asked in Environmental, Land Use & Zoning and Real Estate Law for Connecticut on
Q: Can a town arbitrarily use a residential area street to access a hiking trail thru and around a wetlands for general

public use. The town proposes to use a residential culdesac for parking and public access to the trail site in the wetlands which is surrounded by residential homes.

The neighborhood has no outlet thru streets all traffic must leave the same way it came in by turning around either in a... Read more »

Tim Akpinar
Tim Akpinar answered on Jul 15, 2020

This is something a Connecticut attorney is best qualified to advise on, but your post remains open for four weeks. As a GENERAL matter, the use of land for a given purpose could sometimes result in various types of studies (traffic, noise, air quality, etc.) to assess the environmental impact on a... Read more »

3 Answers | Asked in Trademark for Connecticut on
Q: Is there any chance of of trade marking "plant smarts" when a trade mark already exists for "plant-smart"

Looking for trademark help.

Evelyn Suero
Evelyn Suero answered on Jul 10, 2020

The ability to register a trademark depends on many factors including whether the mark is merely descriptive, whether there will be a likelihood of confusion between the mark and another registered mark, particularly when the marks are in identical or related class/categories of goods or services,... Read more »

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3 Answers | Asked in Immigration Law for Connecticut on
Q: N-400.

Hello there,

My mother just went to her second naturalization interview because she failed the civic portion the first time.

The officer told me she passed the civic but still had to deny her because she doesn't speak English? I'm so lost and confused and don't know... Read more »

John Alexander Bates
John Alexander Bates answered on Jul 7, 2020

The ability to speak and read English is a requirement for becoming a US Citizen. It does seem unfortunate they did not tell you this the first time. You may be able to appeal this decision or file a lawsuit in Federal Court.

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1 Answer | Asked in Consumer Law, Contracts, Family Law and Child Custody for Connecticut on
Q: So I was recently hospitalized for not being on my medicine and they said I was unsafe around my kids without it..

So, what happens if I want another kid and I have to go off my meds?? the probate court said I have to be seeking treatment and I live in CT and I want another kid someday and that's like them telling me I can't have another baby. I am schizophrenic and have a mental illness but... Read more »

Joseph Maya
Joseph Maya answered on Jul 1, 2020

Generally, a patient’s physician would advise as to what medications a patient may need, in addition to the appropriate dosage etc. To the extent a patient has a health condition, including pregnancy, that may be negatively impacted by the use of a medication, a physician may make a... Read more »

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