Bankruptcy Law after passage of BAPCPA – All is not lost

By James M. Nugent Esq., Harlow, Adams & Friedman P.C. The so-called bankruptcy abuse prevention and consumer protection act , effective Nov. 2005, created sweeping changes in the practice of bankruptcy law, with many of these changes occurring on the consumer side of the law. The intent was certainly to remove the option of filing chapter 7 for many people …

Attorney James Winkel prevails on two foreclosure appeals to the Connecticut Appellate Court.

Attorney Winkel successfully argued to have to foreclosure judgments on 2 separate developed commercial property located in New London and Plainfield reversed. The Appellate Court agreed with Attorney Winkel’s argument that his clients’ claim, that there was a loan modification agreement between the parties that the Plaintiff bank failed to comply with, was sufficient to withstand the Plaintiff’s Motions to …

Jim Nugent Defeat Motion to Dismiss

In the matter of R.S. Silver Enterprises Co., vs. Pascarella, Attorney Nugent, on behalf of the Plaintiff, successfully argued that a corporation, although administratively dissolved, retains its corporate existence for the purpose of prosecuting a law suit. The Court further held that when a corporation reinstates, the corporate reinstatement is effective as of the date of the dissolution, and the …

See Recent Case Developments

After appearing for oral argument before the Connecticut Supreme Court on February 2, 2006 in the matter of Manuel Moutinho, et al. v. Bridgeport Planning and Zoning Commission, et al., 278 Conn. 660 (2006), Attorney Joe Kubic obtained a reversal from the Supreme Court on June 20, 2006. Attorney Kubic argued that a zoning applicant who lacks a written agreement …

Victory For Consumers Achieved

Attorney James M. Nugent recently prevailed in an important bankruptcy decision on behalf of consumers in Connecticut. A challenge was raised to the prevalent practice of lenders to add late charges to their claims against debtors. However, controlling state law prohibits doing so after the loan has been accelerated. The bankruptcy courts had not yet ruled. Attorney Nugent’s objection to …

Attorney Winkel Get Chapter 11 Approved

The Kent Golf, LLC Chapter 11 plan of reorganization was approved by the Bankruptcy Court in the District of Connecticut on March 3, 2006. James R. Winkel represented the Creditors’ Committee and achieved a distribution of 60% of the creditors’ claims, and the plan resolved over $50 million dollars in claims. The Kent Golf Course is an exclusive Tom Fazio-designed …

Attorney Kubic Argues in Connecticut Supreme Court

On February 2, 2006, Attorney Joe Kubic appeared in front of the state’s highest court, in the matter of Manuel Moutinho, et al. v. Bridgeport Planning and Zoning Commission, et al., arguing that a zoning applicant who lacks a written agreement permitting it to use a particular parcel of property, and who does not currently own or occupy the property, …

Ribbon Cutting Ceremony for Trumbull Early Childhood Education Center

On September 7, 2005, the Trumbull Early Childhood Education had its ribbon cutting ceremony. The Center, the first free standing early intervention complex, will meet the individual needs of children 3-5 years of age in Trumbull, Monroe, and Bridgeport, through active participation in a dynamic learning community which will facilitate the children’s growth and development.

Attorney Kubic Gets $40,000.00 Verdict for Motor Vehicle Collision Victim

On September 29, 2005, Attorney Joseph Kubic was awarded a verdict for his client in the amount of $40,000.00 for injuries sustained when a car the plaintiff was riding in, driven by the defendant, was involved in a collision as a result of the defendant’s negligence in driving through an intersection. Attorney Kubic, in the jury trial, established that the …