Posted by: Dominick Rendina, Attorney At Law | March 6, 2012

Effect of Bankruptcy on Your Debt

Personal Bankruptcy and Debt
Connecticut – New York

Personal Bankruptcy recognizes two forms of debt. These forms are secured and unsecured.

Secured debts are those protected or guaranteed by some form of collateral, usually another property such as a car or home. An unsecured debt has no collateral or lien to protect the creditors from the debt you owe if you should default.

Unsecured debts are the most common debts and are typically things like credit cards and charges that retailers may extend. Most unsecured debts are dischargeable in bankruptcy and even judgments that may have been obtained by unsecured debtors may be discharged.Debt Leading to Bankruptcy

However, debts that are dischargeable depend on the type of bankruptcy filed; Chapter 7 or Chapter 13.

Chapter 7 liquidation allows discharge of personal debts and can permit a person to retain certain real and personal property such as houses, cars, and household goods and furnishings. An individual must qualify for a Chapter 7 by way of the “means test”, which is a measure of the median income level permitted to file.

Chapter 13 is a restructuring of one’s debts and requires the development of a payment plan to the court to repay the delinquency or a percentage of the debt to the creditors. Chapter 13 typically applies to individuals who do not qualify for a Chapter 7 due to a higher earned income under the means test and/or do not seek to prevent the loss of property such as their home or cars as may be required under Chapter 7 liquidation.

Some debts may not be dischargeable if the creditor objects during the bankruptcy process and submits evidence to the court that the debts you are seeking to discharge in bankruptcy fit the following categories:

  • Debts from Fraud
  • Purchase of Luxury goods 60 days prior to filing
  • Cash advances obtained within 60 days after filing
  • Debts from malicious and willful acts
  • Debts from Divorce settlement or decree.

Learn more about whether you should file for Bankruptcy by referring to our previous post “When is Bankruptcy Necessary?“.

Contact us at the Law Offices of Rodriguez Rendina. We are ready to assist you in determining the option that best meets your needs and provides you with a new path to move forward with your life.

Rodriguez Rendina, P.C., Attorneys At Law, is a federally designated Debt Relief Agency as defined in the 2005 amendments to the US Bankruptcy Code. This law firm provides legal advice regarding the filing of bankruptcy and represents individuals and businesses in filing for bankruptcy relief under the US Bankruptcy Code.

Information in this post should be confirmed through an attorney and is for informational purposes only.

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Posted by: Dominick Rendina, Attorney At Law | March 1, 2012

Prevailing Wage Considerations for Public Construction Projects in the State of Connecticut

Connecticut Prevailing Wage in Public Construction Projects

Construction projects in the State of Connecticut come with their own set of standards and parameters that require careful compliance prior to and throughout a construction project.

The Prevailing Wage requirement is an excellent example. Prevailing Wage is the total base hourly rate of pay and fringe benefits customary for the same work in the same trade or occupation in the town where the project is to be constructed.Construction Law, Dominick Rendina, Attorney At Law, Connecticut

In the 1930’s, the federal government and 18 states, including Connecticut, adopted prevailing wage laws to ensure that the hourly wages commonly paid to construction workers in that area were maintained, and prevented the low bid requirements from reducing the market price for labor to levels that would disrupt the local economy.  Currently, there are 30 states with prevailing wage laws.

Upon the award of a contract in the State of Connecticut, the contractor certifies the pay scale that will be used by the contractor, and any subcontractors, for the work to be performed meets State requirements.

The prevailing wage law applies when:

  • A remodel or repair project where the total cost of all work performed by contractors and subcontractors is greater than $100,000.
  • New construction if all work performed is greater than $400,000.

(As always, current laws need to be reviewed for changes and clarifications.)

Since 1977, the Labor Commissioner in the State of Connecticut adopted and used the  prevailing wage rate determinations as made by the United States Secretary of Labor, under the provisions of the Davis-Bacon Act with amendments. For example:

  • If a contract is advertised to bid on January 30, then the initial request for a prevailing wage rate schedule should be made no later than January 20 and no earlier than January 10 to comply with the law.
  • Any initial prevailing wage rate schedule dated more than twenty (20) days prior to the advertise for bid date is no longer valid and must be updated.  The contracting agency can obtain updated rates by calling (860) 263-6549.
  • Also, be aware that contracting agencies cannot use the Annual Rates downloaded from the DOL website in the initial bid package.  Annual Rates ONLY apply to ongoing projects and go into effect each July 1st. If the Annual Rates are improperly used in the initial bid package, the contracting agency may be subject to a financial liability if the correct rates are higher.

It is important to have an attorney that has a working knowledge of the varied trades and their responsibilities during a construction project in the State of Connecticut.

If you have questions regarding Connecticut Construction Law, we offer free initial consultation. Do not be caught unaware of your responsibilities in the State of Connecticut or by recent changes to State law. Contact us at Dominick Rendina, Attorney At Law.

Information in this post should be confirmed through an attorney and is for informational purposes only.

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Posted by: Dominick Rendina, Attorney At Law | February 19, 2012

Disability Benefits for People That Have Never Worked or Worked Very Little

An individual may be eligible to receive Disability Insurance even if that person :Disability Insurance, Attorney Victor Rodriquez, Connecticut

  • has never worked,
  • has been in the work force only a short time,
  • has worked only periodically.

In a previous Post on this Blog, we spoke about Social Security Disability Insurance (SSDI). SSDI provides monthly benefits to those that have worked but can no longer work because of injury or illness.

Supplemental Security Income (SSI) does not have the same strict income requirements as SSDI and can assist a person that has never worked or has only limited work history. SSI is a monthly benefit for persons who have limited income and resources.

The individual must be eligible for public assistance to receive SSI. The monthly benefit is a fixed amount, not based on work history or FICA premiums. If a person qualifies for SSI, that person is automatically eligible for Medicaid health care coverage. Qualifying individuals may also be eligible for Food Stamps in the State of Connecticut.

An Attorney can assist with the application process, provide information to SSA for the client’s application, receive information from SSA about the application, and review any denial with a plan for an effective appeal.

An Attorney with extensive experience in SSDI and SSI should be kept involved throughout the process. The Social Security Administration (SSA) will regularly re-evaluate eligibility for SSI benefits to make sure that the individual is still eligible and receiving the proper amount.

For more than 10 years,  Attorney Rodriquez has been focusing on helping eligible people with disabilities get the SSDI and SSI disability benefits they need. He has helped people with a wide variety of disabilities, including those that are difficult to prove meet SSI and SSDI eligibility requirements.

Call Attorney Victor Rodriguez for a Free Consultation at (203) 826-7996

Information in this post should be confirmed through an attorney and is for informational purposes only.

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Posted by: Dominick Rendina, Attorney At Law | February 1, 2012

Considerations for People Over 50 When Applying for Social Security Disability Insurance

Age Considerations for SSDI

Social Security Disability Insurance, commonly known as SSDI, provides monthly benefits to you if you can no longer work because of an injury or illness.Victor M. Rodriguez, Esq., Attorney At Law, Connecticut Your disability must qualify under the Social Security Administration’s (SSA) definition. It can be a physical impairment or a mental impairment.

In the evaluation process, your ability to do the physical and mental activities that you were required to do in your past work are considered.

If the SSA decides you cannot do the work you did before, they consider your remaining ability to do other work considering your age, education and work experience. They assess these factors, along with your capacity to work, to determine if you can be expected to adjust to other work that exists in the national economy.

Those that are advancing into their senior years are asking if the SSA considers age in their assessment.

The SSA will not consider your ability to adjust to other work on the basis of your age alone. However, in determining the extent to which age affects your ability to adjust to other work, they will consider advancing age to be an increasingly limiting factor in your ability to make an adjustment to other work.

If you are closely approaching advanced age (age 50-54), they will consider that your age, along with a severe impairment and limited work experience, may seriously affect your ability to adjust to other work.

They consider that being at advanced age (age 55 or older) significantly affects your ability to adjust to other work. They do have special rules for persons in this category who are closely approaching retirement age (age 60 and above).

If you are closely approaching retirement age (age 60 or older) and you have a severe impairment(s) that limits you to no more than light work, The SSA will find that you have skills that are transferable to skilled or semi-skilled light work only if the light work is so similar to your previous work that you would need to make very little, if any, vocational adjustment in terms of tools, work processes, work settings, or the industry.

It is your responsibility to see that the SSA gets the information they need to determine whether you are disabled. If you do not provide the information they need about your medical condition(s) and your work history, they will deny your claim for disability.

Work with an Attorney experienced with Social Security Disability Insurance and Supplemental Security Income.  Attorney Victor Rodriguez serves clients with special issues and complex illnesses and shares in the proud day when a client with a challenging case is finally awarded the SSDI and SSI benefits they deserve. He knows how important those benefits are to people unable to work. Call Attorney Rodriquez for a Free Consultation at (203) 826-7996

Information in this post should be confirmed through an attorney and is for informational purposes only.

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