April 24, 2018

Mindful Money Management: 3 Strategies for Financial Success | By Caroline Wetzel, CFP®, AWMA®

How do you feel when you think about your financial situation? If you experience anxiety, uncertainty, or other unpleasant symptoms, you are not alone. Finances are a significant concern for many people. A 2017 study by Guardian Life Insurance Company of America entitled “Mind, Body, and Wallet,” found that money is cited as the #1 source of stress for a majority of American workers. The same survey showed that worry about personal finances is the leading cause of emotional stress and contributes to lower physical wellness.

But managing your money does not have to be an upsetting experience that negatively impacts you. Applying mindfulness techniques to your finances can help you cultivate a deeper awareness of your total financial picture, enabling you to approach your financial decisions with greater conviction and calculated risk.

What is Mindfulness?
Mindfulness is an intentional focus on the present moment. It has evolved over time to become a secular, psychological practice of developing and sustaining attention to thoughts, feelings, body sensations, and environmental stimuli that impact our experience of “now”.

Non-judgmental awareness of each moment is cultivated through mindfulness. Practitioners challenge themselves to attain a heightened sensitivity to the present through a variety of techniques including, but not limited to, meditation, pauses, and gentle movements. The impact of mindfulness on physical, mental, and social well-being is documented widely through scientific and academic studies.

Strategy 1: Create Space
Mindfulness promotes a consistent, ongoing process of using our senses to become more attuned to what is going on inside our bodies and outside us in our surrounding environment. This disciplined activity of “creating space” on a regular basis enables practitioners to experience feelings of groundedness and centeredness in the midst of racing thoughts and life’s busyness.

Try incorporating this strategy of “creating space” to your approach to your finances. Do you think about your finances beyond just paying the next bill that’s due? Do you know what you save and spend and check your statements? Do you review your insurance policies and ensure they continue to make sense for your needs?

Consider dedicating time – it can be as brief as a few minutes, or as long as 30 minutes, as long as it’s recurring – to pay your bills and consider questions like this as part of understanding your total financial picture. Formally reserve this time in your calendar and don’t cancel the appointment.

In the same way you go to the gym on a regular basis to take care of your physical health or ensure that you get a certain number of hours of sleep for your mental health, “create space” in your lifestyle to take care of your financial health.

Strategy 2: Plan with a Purpose
Mindfulness emphasizes awareness and non-judgment. Through mindfulness, we discover that our thoughts are narratives that we create as a result of our own unique perceptions and life experiences. Repeated practice of mindfulness empowers us to let go of the constant chatter – especially the negative thoughts – that monopolize our focus, and just be.

Adopt this same open, curious awareness to your financial situation. Without worrying about how you’ll do it, ask yourself “What do I want to do with my money?” Reflect on this question repeatedly during the spaces that you have created in your schedule, and observe what bubbles up for you. If the same priorities emerge each time you reflect on this question, these could be the goals that form the foundation of your unique financial plan.

When you are able to articulate clearly without judgment what is important to you and what you want to do with your money you can formulate a purpose-filled financial plan comprised of actions and behaviors that you can implement to make your financial goals a reality.

Strategy 3: Invest with Intention
Mindfulness facilitates sustained focus. It enables practitioners to cultivate greater clarity and improve their capacity to tune out distractions. As a result, mindfulness facilitates the ability to make decisions.

Apply this objective, intentional focus to your investment strategy. Do you know what you have invested your money in? Do you know why you chose the investments you selected? Are your investments in line with your values, comfort level with risk, and do they consider your tax situation?

When you invest with intention, you know what you invest your money in and why. This disciplined approach provides comfort and structure when the financial markets – and life – inevitably surprise us.

When you apply techniques promoted through mindfulness to manage your money, you can obtain greater control over your finances, confidence with your financial goals, and comfort that you are taking steps to realize your financial dreams.

By Caroline Wetzel, CFP®, AWMA®

Disclosure:

Caroline Wetzel is a Certified Financial PlannerTM (CFP®) and Vice President, Private Wealth Advisor with Procyon Private Wealth Partners, LLC.  Procyon Private Wealth Partners, LLC and Procyon Institutional Partners, LLC (collectively “Procyon Partners”) are registered investment advisors with the U.S. Securities and Exchange Commission (“SEC”). This article is provided for informational purposes only and for the intended recipient[s] only. This article is derived from numerous sources, which are believed to be reliable, but not audited by Procyon for accuracy. This article may also include opinions and forward-looking statements which may not come to pass. Information is at a point in time and subject to change. Procyon Partners does not provide tax or legal advice.

For more information:

Caroline Wetzel, CFP®, AWMA®

Vice President

Private Wealth Advisor

Procyon Private Wealth Partners, LLC

1 Corporate Drive. Suite 225  |  Shelton, CT  06484

M: (844) Procyon |  D: (475) 232-2713 |  F: (475) 232-2736

cwetzel@procyonpartners.net   |  www.procyonpartners.net   |  https://www.linkedin.com/in/caroline-wetzel/

Ever wonder how to become a Notary?

The following is provided as a quick and convenient source of general information about the appointment of Notaries Public in the State of Connecticut.   For more detailed information, please consult the Notary Public Manual on the website below.

Qualifications, Fee & Examination

Section 3-94b of the Connecticut General Statutes (CGS) provides that any person eighteen years of age or older, who either resides in, or has a principal place of business in Connecticut may apply for appointment as a Notary Public.

All applicants must submit a completed application form, pay the application fee of $120.00, and pass a written examination administered by the Secretary of the State’s Office.  The examination is contained in the application form and the applicant completes the examination under oath.  Successful applicants will receive a certificate of appointment.

The Term of Appointment

Notaries in the State of Connecticut are appointed for terms of five (5) years.   Each term is separate

The Oath of Office & Recording the Certificate and Oath

All notaries, whether new or renewal appointments, are required by Section 3-94c CGS, to take an oath of office before they can perform any notarial acts.  The notary’s certificate of appointment contains a panel for recording the administration of the oath.   The oath may be administered by any official having the authority to administer oaths (see Section 1-24 CGS), but notary’s may find it convenient to take the oath of office from the town clerk at the same time they record their certificate, see below.

Section 3-94c CGS also requires that the oath and the notary’s certificate be recorded with the town clerk in the town in which the notary resides, if the notary is a Connecticut resident.  Nonresidents who have qualified for appointment because their principal place of business is in Connecticut, must also record their oath of office and certificate.  That recording is made with the town clerk of the town in which their place of business is located.  It is very important for all notaries to remember these requirements, which must be completed within 30 days of receiving the Certificate of Appointment.

Renewal of Appointment

All five year terms of appointment expire on the last day of the month in which the notary was originally appointed.  Renewal applications are mailed three months in advance of the expiration date to the address recorded in the Notary Public Database.   If a notary fails to record changes of address, it will be unlikely that they will receive the renewal application.  As a consequence, the notary’s term may expire.   For further information see “Changes of Name & Address” below.

Changes of Name or Address and Replacement Certificates of Appointment

If a notary who is a Connecticut resident changes his or her name or residence address, the notary is required to report that change to the Secretary of the State’s Office within thirty days. Nonresident notaries must maintain a principal place of business in Connecticut and must report any change in their business address, as well as changes in residence address. Forms for reporting such changes are available from this web site’s forms page. When completed, the forms must be filed with the Secretary’s office with the appropriate fees ($15.00 for Change of Name and Change of Address, $5.00 for Duplicate Certificates).

When the form has been processed, a new certificate will be issued. It is not necessary for the notary to take an oath of office upon receiving a replacement certificate, but if the notary has relocated to a new town of residence or principal place of business, the replacement certificate must be recorded with the town clerk in the new town of residence.

Resignation

A notary may resign his or her commission at any time, by advising the Office of the Secretary of the State, in writing, of his or her intention to resign and the effective date of that resignation.

Complaints

Any person may file a formal complaint against a notary public. All complaints must be submitted in writing to the Notary Public Unit of the Secretary of the State’s Office. A complaint must allege a specific violation of Connecticut Notary Public Law. It must also include photocopies of relevant documents.

SOURCE: http://portal.ct.gov/SOTS/Legislative-Services/Applying-for-Appointment-as-a-Connecticut-Notary-Public

Not an April Fools Joke: Means Test Numbers Going Up!

2Means Test Numbers April 2018

 

 

 

 

 

 

 

Find out if you qualify for FREE:

Qualification for Bankruptcy is based solely on income. It is calculated using your last six months of income. The Means Test used to determine qualification allows you to make up to certain amounts of money based on your state and household size. We’re excited about the new Means Test Numbers (above) as they are going up, therefore allowing many more people to file for Bankruptcy relief.

Please click here to schedule your free consultation which includes a FREE Means Test.

New Medicare Cards Start Mailing in April 2018

The Centers for Medicare and Medicaid Services will be removing Social Security Numbers from Medicare cards to prevent fraud, fight identity theft and keep taxpayer dollars safe. They will mail the new Medicare cards from April 2018 through April 2019. Learn how they will mail the new Medicare cards in phases by geographic location below.

New Medicare Card Mailing Strategy

The Centers for Medicare & Medicaid Services (CMS) is required to remove Social Security Numbers (SSNs) from all Medicare cards by April 2019. A new, unique Medicare Number will replace the SSN-based Health Insurance Claim Number (HICN) on each new Medicare card. Starting April 2018, CMS will begin mailing new Medicare cards to all people with Medicare on a flow basis by geographic location and other factors.

These mailings will follow the sequence outlined below. Additional details on timing will be available as the mailings progress. Starting in April 2018, people with Medicare will be able to check the status of card mailings in their area on Medicare.gov.

New Medicare Card Mailing Waves Wave States Included Cards Mailing
1 Delaware, District of Columbia, Maryland, Pennsylvania, Virginia, West Virginia April – June 2018
2 Alaska, American Samoa, California, Guam, Hawaii, Northern Mariana Islands, Oregon April – June 2018
3 Arkansas, Illinois, Indiana, Iowa, Kansas, Minnesota, Nebraska, North Dakota, Oklahoma, South Dakota, Wisconsin After June 2018
4 Connecticut, Maine, Massachusetts, New Hampshire, New Jersey, New York, Rhode Island, Vermont After June 2018
5 Alabama, Florida, Georgia, North Carolina, South Carolina After June 2018
6 Arizona, Colorado, Idaho, Montana, Nevada, New Mexico, Texas, Utah, Washington, Wyoming After June 2018
7 Kentucky, Louisiana, Michigan, Mississippi, Missouri, Ohio, Puerto Rico, Tennessee, Virgin Islands After June 2018

 

SOURCE: CMS.GOV

Basic Principles of the CT Child Support Guidelines

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“The Connecticut Child Support Guidelines are based on the Income Shares Model. The Income Shares Model presumes that the child should receive the same proportion of parental income as he or she would have received if the parents lived together. Underlying the income shares model, therefore, is the policy that the parents should bear any additional expenses resulting from the maintenance of two separate households instead of one, since it is not the child’s decision that the parents divorce, separate, or otherwise live separately.

The Income Shares Model has proven to be the most widely accepted, particularly due to its consideration of the income of both parents. Thirty eight states follow the Income Shares Model. Four states and the District of Columbia have shifted over to the Income Shares Model since Connecticut last revised its guidelines in 2005. The other models used by states are “Percentage of Obligor Income” (ten states) and “Melson Formula” (three states). The Income Shares Model reflects presently available data on the average costs of raising children in households across a wide range of incomes and family sizes. Because household spending on behalf of children is intertwined with spending on behalf of adults for most expenditure categories, it is difficult to determine the exact proportion allocated to children in individual cases, even with exhaustive financial affidavits. However, a number of authoritative economic studies based on national data provide reliable estimates of the average amount of household expenditures on children in intact households. These studies have found that the proportion of household spending devoted to children is systematically and consistently related to the level of household income and to the number of children.

In general, the economic studies have found that spending on children declines as a proportion of family income as that income increases. This spending pattern exists because families at higher income levels do not have to devote most or all of their incomes to perceived necessities. Rather, they can allocate some proportion of income to savings and other non-consumption expenditures, as well as discretionary adult goods. This principle was reflected in past guidelines, since 1994, and is continued in these guidelines. Again, following the pattern of prior guidelines declining percentages at all levels of combined net weekly income begin outside the darker shaded area of the schedule. However, the commission had no economic data that supports a conclusion that this pattern continues when parents’ net weekly income exceeds $4,000. This commission therefore decided to not extend either the range of the schedule or the application of the concept of declining percentages beyond its current $4,000 upper limit.

Economic studies also demonstrate that a diminishing portion of family income is spent on each additional child. This apparently results from two factors. The first is economy of scale. That is, as more children are added to a family, sharing of household items is increased, and fewer of those items must be purchased. The second is a reallocation of expenditures. That is, as additional children are added, each family member’s share of expenditures decreases to provide for the needs of the additional members.

Based on this economic evidence, adjusted for Connecticut’s relatively high income distribution (as explained later in this preamble), the guidelines allow for the calculation of current support based on each parent’s share of the amount estimated to be spent on a child if the parents and child live in an intact household. The amount calculated for the custodial parent is retained by the custodial parent and presumed spent on the child. The amount calculated for the noncustodial parent establishes the level of current support to be ordered by the court. These two amounts together constitute the current support obligation of both parents for the support of the child. Intact households are used for the estimates because the guidelines aim to provide children the same support they would receive if the parents lived together. More than this, however, support amounts would be set unduly low if based on spending patterns of single-parent families, as they generally experience a high incidence of poverty and lower incomes than intact families.”

Source: The Connecticut Child Support Guidelines

For more information, please contact us here.

Attorney for the Minor Child

1. What is an Attorney for a Minor Child (AMC)?
An attorney for a minor child, often referred to as an AMC and also called Counsel for the Minor Child is an individual the court appoints, either upon motion of a party or when the court determines an AMC is necessary to advocate for the best interests of the child. The court will consider the appointment of an AMC if the parties are unable to resolve a parenting or child related dispute. The AMC’s role is different from that of a guardian ad litem (GAL). The AMC represents the child’s legal interests and supports the child’s best interests, while the GAL represents only the child’s best interests.

2. Who can be an AMC?

Only an attorney who has completed the comprehensive training program required by Practice Book Section 25-62, which is sponsored by the Judicial Branch, is eligible to be an AMC. The AMC cannot be the same attorney that is representing either of the parents.

3. What is the role of an AMC?
In cases where the parties are unable to agree on a parenting plan or there is a child related dispute, the court may appoint an AMC to be the child’s attorney. The court will specify the role of the AMC in each case. Just as the parents may have their own attorneys advocating on their behalf, the AMC represents the child’s wishes and advocates on the child’s behalf. The AMC can speak in court on all matters pertaining to the interests of the child including custody, care, support, education and visitation. The AMC can also file motions and call witnesses on behalf of the child in court. Unlike a GAL, an AMC does not testify as a witness, but participates fully as a lawyer in the case.

4. What can a parent in a family court matter expect from an AMC?

The AMC is expected to avoid any conflict of interest, be courteous and professional and act in good faith. An AMC is bound by the Rules of Professional Conduct governing attorneys in Connecticut. The client, however, is not either of the parents, but the child. The AMC’s duty is to the child, and the parents should not expect the AMC to advocate or argue on their behalf.

5. Who pays the AMC?

The parties to the case pay the fees for the AMC. Each party is required to submit a financial affidavit to the court. The court will consider each party’s financial situation and order how such payment is to be split between them. In some cases, the parties may qualify for the appointment of an AMC that is paid for by the state. The parties must submit their financial affidavits to the court for review. If the parties meet the eligibility requirements of the Division of Public Defender Services, the court will appoint an AMC who is paid for by the state.

6. Can an AMC be removed from a case?

If a party believes that an AMC has acted improperly in a family case, he or she can file a motion to ask the court to remove the AMC from the case. After the motion is filed, the court may refer the motion to the Family Services Unit of the court. If the parties involved in the case cannot resolve the motion themselves, the court will have a hearing and decide the motion.

REPOSTED FROM: http://www.jud.ct.gov/faq/family.htm#1

All About the [Connecticut] Lemon Law Program

The “Lemon Law” is a nickname for Connecticut General Statute Chapter 743b, “Automotive Warranties. It establishes arbitration as an informal process for resolving disputes between consumers and automobile manufacturers. The law defines a lemon as a new motor vehicle (passenger car, combination or motorcycle) purchased or leased in Connecticut which does not conform to the manufacturer’s express warranty and which, after “a reasonable number of attempts” cannot be repaired. The Lemon Law covers all new passenger, combination passenger/ commercial vehicles and motorcycles purchased or leased in Connecticut:

  • Which do not conform to the manufacturer’s express warranty;
  • Which have substantial defects affecting the use, safety or value of the vehicle AND
  • The repairs must have been addressed during the eligibility period*;
  • Have manufacturer’s defects that occurred during the first two (2) years from the original owner’s delivery date or the first 24,000 miles on the odometer (whichever period ends first).
*The time period involved may be extended when repair service is unavailable due to war, strike or natural disaster.
The eligibility criteria for the Lemon Law arbitration refers to occurrences / days that must be met within the specified time frame.  However, you do not have to apply within this time period.
Items NOT covered under the law include:
  • Defects not covered under the manufacturer’s express warranty
  • Defects caused by the consumer’s abuse, neglect or unauthorized modification of the vehicle
For a car to qualify, the same problem has to be subjected to a reasonable number of repair attempts and continue to exist after these attempts at repair. The law presumes that a “reasonable number” of repair attempts is four.  However, your car may be eligible if you have less than four repair attempts for the same problem and can justify this is a reasonable number of repair attempts, and repairs have been performed within the eligibility period.  
– OR –
  
When the vehicle has been out of service for repair at the dealership for a cumulative total of thirty days or more for any number of unrelated problems. These problems must occur within the eligibility period. 
– OR – 
In the case of a safety defect which is likely to cause death or serious injury if the vehicle is driven, the defect continues to exist after two or more attempts during the first year of operation or the term of the express warranty, whichever period end first.
How to Get Started
If you believe you are eligible and wish to pursue the Department of Consumer Protection’s Arbitration Program, please print the arbitration form from this website, complete it and return it by U.S. mail to the Department as soon as possible with the required fee.
Of course, you should report the vehicle’s problems immediately to the dealer or the manufacturer.  Check your owner’s manual/warranty booklet for the address and telephone number of the zone office designated to receive your complaint. The manual will also tell you if the manufacturer requires written notification of a claim requesting a refund or replacement vehicle.  If such notification is required, you must write to the manufacturer. Please send us a copy of your letter to the manufacturer when you submit your Lemon Law application.
If you lease your vehicle, you must advise the leasing company that you are applying for Lemon Law arbitration and if they wish to be a party to the proceedings, they must notify the Department of their intent within ten (10) days of their receipt of your letter. The letter to the leasing company must be sent certified or registered mail, and a copy of the letter and postal receipt must be included with your Lemon Law application to us.
If it is determined that your case does not qualify for arbitration, the fee will be returned to you. Additionally, the manufacturer is required to pay a fee.
Once your Request for Arbitration and filing fee are received, the Department will review your application to make sure all necessary documents have been submitted. If information has been omitted, your Request for Arbitration and filing fee will be returned to you along with a list of the information or documents required to complete the submission. If all documents and information have been included, we will complete an initial review of your case to determine whether basic eligibility criteria have been met. You will be notified within five business days of the results.
If the our review indicates your case is not eligible for arbitration, your filing fee will be returned to you with an explanation as to why your case did not qualify. You may file a written appeal with the Department if you do not agree with our findings.
If our review indicates your case is eligible for arbitration, the manufacturer will be notified and asked to submit a manufacturer’s statement and filing fee. An arbitrator and an Automotive Technical Expert comprise an arbitration panel.
The arbitration panel will make the final determination as to the eligibility of your case. It is possible for a case to be deemed ineligible by the arbitration panel even though it was initially deemed eligible by the Department.
Types of hearings
When you file your Request for Arbitration, you must choose between an “oral” or “documentary” hearing. The oral arbitration process generally results in a more expeditious rendering of a decision.
Oral Hearing:  If you choose oral arbitration, you and the manufacturer’s representative will be present at the scheduled hearing. Both parties will have the opportunity to present their case before the  arbitration panel. The hearing is informal and not structured like a court of law. Typically, the consumer is heard first, followed by the manufacturer. Either party is able to ask the other questions. The arbitration panel may also have questions and may order the Automotive Technical Expert to inspect the vehicle. If possible, bring the vehicle to the hearing to avoid scheduling an inspection for a later date.
Use your “Request for Arbitration” form as a guide when preparing for an oral arbitration hearing. The form contains much of the information you will need at the hearing.
  • Bring records of everything pertaining to the dispute including all correspondence, work orders, receipts, and warranties.
  • Organize your records – Putting them in chronological order will help guide you in presenting the history of the problem.
  • Prepare an outline of the major points you wish to present to help you remember relevant information.
Be prepared to discuss the problem in its entirety.  You should:
  1. State the specific nature of the defect;
  2. Restate any conversations with dealer’s or manufacturer’s representatives;
  3. Describe any new developments which may have occurred since you submitted your “Request for Arbitration” form;
  4. Describe any repair attempts or other actions taken;
  5. State your opinion as to what action would constitute a fair resolution of the dispute;
  6. State why you feel the vehicle is a “Lemon.” For example, how has the use, safety, and/or value been substantially impaired?
  7. Prepare a list of questions to ask the manufacturer’s representative.
  8. Prepare a final summary, which should briefly review the facts you have discussed, this should include a statement regarding your opinion of a fair resolution to the dispute.
Remember, the purpose of the hearing is to allow the arbitrators to gather facts, evaluate information presented by both sides and render a fair decision. Therefore, be prepared to offer SUBSTANTIAL PROOF of each point you make especially those you feel the manufacturer may dispute.
Documentary Hearing:  If you choose documentary arbitration, you and the manufacturer’s representative will be required to submit to the Department sworn statements and other evidence you would like the panel to consider. You will receive copies of each other’s statements and have the opportunity to respond to them in writing. The arbitration panel will meet and review the statements and responses. The panel will base its decision solely on documentation and materials submitted by the parties prior to the hearing. Parties cannot present oral testimony, but may observe documentary hearings. If the panel orders a vehicle inspection, one will be scheduled at a later date and the panel will reconvene to render their decision.
Use of an Attorney
The ”Lemon Law” Program is designed to be accessible to the lay person. Most consumers coming through the program do not use an attorney; however, you are free to use one if you so choose. If your attorney will be presenting your case, you must notify the Department of Consumer Protection no later than two (2) days prior to the hearing. Also, if anyone other than the purchaser of the vehicle will be presenting the case, you must also notify the Department no later than one (1) day prior to the hearing. If someone is going to accompany you and present testimony, no prior notification is required. You also have the right to have a third party assist you in your presentation or act as a consultant or interpreter.

Organization of the Courts [In Connecticut]: Superior Court

The Superior Court hears all legal controversies except those over which the Probate Court has exclusive jurisdiction. Probate Court matters may be appealed to the Superior Court.

A superior court courtroom The state is divided into 13 judicial districts, 20 geographical areas and 12 juvenile districts. In general, major criminal cases, civil matters and family cases not involving juveniles are heard at judicial district court locations. Other civil and criminal matters are heard at geographical area locations. Cases involving juveniles are heard at juvenile court locations.

The Superior Court has four principal trial divisions: civil, criminal, family and housing.

Civil Division – A civil case is usually a matter in which one party sues another to protect civil, personal or property rights. Examples of typical civil cases include landlord-tenant disputes, automobile or personal accidents, product or professional liability suits and contract disputes. In most civil cases, the accusing party (plaintiff) seeks to recover money damages from another party (defendant). Cases may be decided by the judge or by a jury, depending on the nature of the claim and the preference of the parties.

Criminal Division – A criminal case is one in which a person (defendant) is accused of breaking the law. The two sides in a criminal case are the state, represented by a state’s attorney (because crimes are considered acts that violate the rights of the entire state), and the defendant. Crimes (felonies and misdemeanors), violations and infractions are heard in the Criminal Division.

Housing Division – Cases involving housing are heard in special housing sessions in the Bridgeport, Hartford, New Haven, Stamford-Norwalk and Waterbury judicial districts. In all other judicial districts, these cases are part of the regular civil docket.

Family Division – The Family Division is responsible for the just and timely resolution of family relations matters and juvenile matters. Examples of family relations matters include: dissolution of marriage, child custody, relief from abuse and family support payments. Juvenile matters include: delinquency, child abuse and neglect, and termination of parental rights.

(Reposted from the Connecticut Judicial Branch Website)

Organization of the Courts [In Connecticut]: Supreme Court

The Supreme Court is the state’s highest court. It consists of the Chief Justice and six associate justices. In addition, justices who are eligible and who have not yet attained the age of 70 may elect to take senior status and remain as members of the court.

Supreme Court Courtroom

A panel of five justices hears and decides each case. On occasion, the Chief Justice summons the court to sit en banc as a full court of seven, instead of a panel of five, to hear particularly important cases.

The Supreme Court reviews decisions made in the Superior Court to determine if any errors of law have been committed. It also reviews selected decisions of the Appellate Court.

Generally, the Supreme Court does not hear witnesses or receive evidence. It decides each case on:

  • the record of lower court proceedings;
  • briefs, which are used by counsel to convey to the court the essential points of each party’s case; and,
  • oral argument based on the content of the briefs.

State law specifies which types of appeals may be brought directly to the Supreme Court from the Superior Court, thereby bypassing the Appellate Court. These cases include: decisions where the Superior Court has found a provision of the state constitution or a state statute invalid and convictions of capital felonies. All other appeals are brought to the Appellate Court.

The Supreme Court may transfer to itself any matter filed in the Appellate Court, and may agree to review decisions of the Appellate Court through a process called certification. Except for any matter brought under its original jurisdiction, as defined by the State Constitution, the Supreme Court may transfer any matter pending before it to the Appellate Court.

(Reposted from the Connecticut Judicial Branch Website)

New Bankruptcy Form, Rules Take Effect

Individuals filing for bankruptcy under Chapter 13 must use a new form that presents their payment plan in a more uniform and transparent manner, and creditors will have less time to submit a proof of claim, under new bankruptcy rules and form amendments that took effect Dec. 1.

By creating greater uniformity of where specific types of information must be entered, the new national Chapter 13 plan form will make it easier for creditors, lawyers and judges to ensure that all elements of a bankruptcy agreement reached under Chapter 13 comply with federal laws. Chapter 13, sometimes known as the wage earner’s plan, enables qualified individual filers to reschedule and make debt payments, allowing them to keep their homes and other property.

Bankruptcy courts previously had relied on local versions of Chapter 13 plans, which varied from district to district, in resolving Chapter 13 cases. They now must either use a new national Bankruptcy Form 113, or create a locally adapted form that contains key elements of the national form. In recent months, courts have been updating electronic filing systems and notifying local bankruptcy lawyers and filers of the pending changes.

The deadline for creditors to file a proof of claim was revised in an amendment to Federal Rules of Bankruptcy Procedure 3002.

The new deadline will affect bankruptcies filed under Chapter 7, in which debtors liquidate assets; Chapter 12, which enables family farmers and fishermen to restructure their finances; and Chapter 13. Previously creditors had 90 days after an initial meeting of creditors was held. Now, a proof of claim must be submitted within 70 days of the filing of a bankruptcy petition.

Federal rules amendments typically follow a three-year process, which includes multiple layers of review and extensive public comment.

In April, the Supreme Court transmitted the new rules regarding bankruptcy, as well as amendments to Appellate and Civil Rules of Procedure, and Rules of Evidence, to Congress. The new rules took effect Dec. 1 when Congress did not act to prevent their implementation.

Find a full list of the new rules and form amendments and the Current Rules of Practice and Procedure. Find additional information about the bankruptcy process.

(Re-posted from http://www.uscourts.gov/news/2017/12/01/new-bankruptcy-form-rules-take-effect)

This firm is a debt relief agency. We help people file for bankruptcy relief amongst other things, under the Bankruptcy Code.