Month: July 2018

In Connecticut, many people need to use Metro North to commute to work, typically in Manhatten,  Unfortunately, with such a complex rail system in place, accidents happen.

The accidents can be caused by many different factors.

“Organizational accidents” have multiple causes involving many people operating at different levels of their respective companies.

For a railway system, the factors include

• Lack of management safety commitment or focus
• Conflicts between production and safety goals
• Poor planning, communications, monitoring, control or supervision
• Unclear safety and administrative responsibilities
• Inadequate or improper training
• Failures by regulatory agencies

Ultimately, the management of Metro-North needs to ensure that safety is

a top priority.   Work needs to be done a timely manner, with consideration

to safety;  no shortcuts.

Line workers need to be able to speak to management about safety

concerns, without fear of being reprimanded.

There needs to be both short-term and long-range planning, to ensure

that the rail system works properly, without risk of disaster, such as a train

derailment.

Management can make an organizational chart, to show the

responsibilities of each person working for Metro-North.  To avoid

confusion, each worker needs to be provided with a detailed job description.

A special safety ombudsman can be used to ensure that there is a place for

workers to report safety issues, confidentially.

A management committee can supervise training, with a view to efficiency

and safety.

Metro-North should not have to rely on the government to verify that it is

doing its job, with regard to safety.

 

If you or someone you know has been injured in an accident, by Metro-North Commuter Railroad (MTA), please feel free to contact

Attorney Robert M. Singer

2572 Whitney Avenue

Hamden, CT  06518

203-248-8278

rsingerct@yahoo.com

 

 

 

 

 

 

 

On February 29, 2018, I wrote about mutual funds juicing returns, by investing in FANG stocks.   I indicated that investors should adequately diversify their portfolio.

This week, we saw Facebook’s stock drop from approximately $217 a share, to $175 per share.   The stock price dived.

Twitter is another stock which had a terrible week, with a stock price dropping from approximately $43 per share to $34 per share.

We are on for a ride, and the ride is likely to be down    Netflix has a p/e ratio of 161.    To justify this price/earning ratio, earnings need to continue to go up as expected.   Any error and we will see Netflix do a Facebook dive.

The other risk is from a economic recession.  With a trade war looming, the risk of recession has increased dramatically.

If you have a claim against an investment advisor who failed to properly diversify your investments, please feel free to contact

Attorney Robert M. Singer

2572 Whitney Avenue

Hamden, CT  06518

203-248-8278

rsingerct@yahoo.com

serving Hamden and all of Connecticut

 

Lug nuts need to be properly installed, to prevent a tire from falling off.

There are two major things to do, in lug nut installation.

1.   Lug nuts need to be installed in a proper order.  Never start by tightening  the nuts next to each other.

The nuts are tightened in such a way that they are tightened across from each other.  For example, you tighten the top nut first, then the bottom nut second.  Then you tighten the right nut, and last the left nut.

2.   You want the nut to be tightened enough.  Therefore, use a torque wrench.

Also, complete the tightening of lugs when a vehicle is on the ground, rather than in the air.

Below is a web page explaining how to properly tighten lug nuts:

https://www.thoughtco.com/what-order-do-i-tighten-my-lug-nuts-281714

 

There are many situations in which a tire falls off, after being brought to a mechanic, because the mechanic failed to properly tighten the lug nuts.

 

If you have been involved in an accident as a result of a tire falling off, please feel free contacting

Attorney Robert M. Singer

2572 Whitney Avenue

Hamden, CT  06518

203-248-8278

rsingerct@yahoo.com

Serving Hamden, New Haven County and all of Connecticut

 

 

 

 

 

A debtor in a bankruptcy may have an asset which is subject to a security interest.  The asset, commonly a motor vehicle, is security for a loan, so the vehicle can be repossessed if payments are not made.

A Reaffirmation Agreement is an agreement between a debtor and a creditor, which is filed with the Bankruptcy Court.  With a Reaffirmation Agreement, a debtor is agreeing to pay off a particular debt owed to a creditor, although the debt would normally be discharged in bankruptcy.

The 2005 Amendments to the Bankruptcy Code change the requirements to keep such property.

There are two requirement:

1.   Under Section 521(a)(2)(A) to  a debtor has to state his or her “intention with respect to the retention or surrender of such property and, if applicable, specifying… that the debtor intends to redeem such property, or that the debtor intends to reaffirm debts secured by such property.”

2.   To comply with section 521(a)(6),9 the debtor must enter
into a reaffirmation agreement in order to “retain possession” and for the automatic stay to remain in effect. Similarly, under section 362(h)(1)(11) in order for the automatic stay to remain in effect, the debtor again must enter into a reaffirmation agreement

At least according to one Court, even if a Court fails to approve the Reaffirmation Agreement, as long as a debtor properly files a Statement of Intention and Reaffirmation Agreement, a bankruptcy automatic stay applies (which limits a creditor’s ability to repossess personal property).  See In re Baker, 400 B.R. 136 (District of Delaware, 2009).

If you have any questions concerning bankruptcy, please feel free to contact.

Attorney Robert M. Singer

2572 Whitney Avenue

Hamden, CT  06518

203-248-8278

rsingerct@yahoo.com

Serving Hamden, New Haven County and all of Connecticut

As the population continues to grow older, more people are in need of assisted living.   Often, there comes a point where a spouse or child is no longer able to care for an elderly person.  At this point, the tough decision is made to bring a parent to an assisted living community.

A parent or spouse is placed into an assisted living community to ensure that a person is properly taken  care of, and protected.

In too many situations, the elderly person gets injured at the assisted living center, due to the failure of the center to adequately protect the resident.

For example, a resident may be injured because of the improper administration of medication, or the failure to properly oversee a resident resulting in a fall.

If you or someone you know has been injured at an assisted living center, please feel free to contact.

Attorney Robert M. Singer

2572 Whitney Avenue

Hamden, CT  06518

203-248-8278

rsingerct@yahoo.com

serving New Haven County and All of Connecticut

Trade tensions are increasing.  Higher tariffs are instituted by the U.S.    China is responding very quickly to the added tariffs.

We are already close to the end of the economic expansion.   Absent a change in US policy, this appears to be the beginning of a trade war.    Unfortunately, any trade war is likely to have a negative effect on the economy, possibly resulting in a recession as early as next year, 2019.

In addition, oil prices are going up.    These price increases can have a further negative effect on economic growth.

There can be a one-two punch for the economy – a trade war and higher oil prices.    Tariffs raise prices of imported materials, and higher oil prices further raise costs.

Investors would be wise to trade into a more conservative stance, by rebalancing their portfolio.

If you have a investor claim which requires securities arbitration, please feel free to contact

Attorney Robert M. Singer

2572 Whitney Avenue

Hamden, CT  06518

203-248-8278

rsingerct@yahoo.com

serving New Haven County and all of Connecticut

 

Connecticut does not have a specific statute of limitations with regard to the commencement of a foreclosure action.

However, Connecticut has a unique statute which may help debtors who have very old unpaid mortgages.   The statute is reproduced below.

Connecticut General Statutes 49-13a – Undischarged mortgage invalid as further lien. Time periods. Tolling of time period by recording notice
Current as of: 2016

(a) When record title to real property remains encumbered by any undischarged mortgage, and the mortgagor or those owning the mortgagor’s interest therein have been in undisturbed possession of the property for at least twenty years after the expiration of the time limited in the mortgage for the full performance of the conditions thereof, or for at least forty years from the recording of the mortgage if the mortgage does not disclose the time when the note or indebtedness is payable or the time for full performance of the conditions of the mortgage, unless a notice is recorded pursuant to subsection (b) of this section, the mortgage shall be invalid as a further lien against the real property, provided an affidavit, subscribed and sworn to by the party in possession, stating the fact of such possession, is recorded on the land records of the town in which the property is situated.
(b) The record holder of an undischarged mortgage on real property may, prior to the expiration of the applicable time period specified in subsection (a) of this section, record a notice, on the land records of the town in which the property is situated, that contains: (1) The name or names of the mortgagors; (2) the recording information for the mortgage and any assignment of the mortgage; and (3) a statement of the reasons why the mortgage is valid and effective. Upon the recording of such notice in accordance with this subsection, the applicable time period after which the mortgage shall be invalid as a further misdemeanor against the real property as provided in subsection (a) of this section shall be tolled for a period of ten years from the recording of such notice. Any such notice shall be indexed in the grantor‘s index under the name or names of the mortgagors and in the grantee’s index under the name of the record holder of the mortgage.

 

I have never seen this statute used.   Normally, a mortgage has a term of 15 or 30 years.  In these situations, for the statute to benefit a debtor, at least 20 years must pass from the end of the term.    A creditor can extend the “minimum time period” by filing a notice on the land records in the Town where the property is located.

If you have any questions or need assistance with a foreclosure, please feel free to contact

Attorney Robert M. Singer

2572 Whitney Avenue

Hamden, CT  06518

203-248-8278

rsingerct@yahoo.com

Serving New Haven County and All of Connecticut

 

There are many situations in which a creditor, such as a bank, has a judgment against a debtor. The debtor can have a joint bank account with a third party. Commonly, the debtor has a bank account with
a spouse, parent or child.

Under Connecticut law, a creditor can get a Financial Institution Execution and execute against the full amount of the account, regardless of who put the money into the bank account. See Fleet Bank Connecticut, N.A. v. Charles Carillo, 240 Conn. 343 (1997).

In addition, a Bank can setoff the full amount of money in a joint bank account of a debtor who owes money to the Bank.   Masotti v. Bristol Savings Bank, 232 Conn 172 (1995).

If you have any questions concerning collection law or bank executions, please feel free to contact

Attorney Robert M. Singer
2572 Whitney Avenue
Hamden, CT 06518
203-248-8278
rsingerct@yahoo.com

Serving New Haven County and all of Connecticut