Author Archives: Jay Butchko
Where Do I File a Personal Injury Lawsuit in Iowa?
If you sustain injuries in a car accident caused by one or more third parties, you have the right to file a personal injury lawsuit to recover damages. But where do you actually file such a lawsuit? And does it even matter? To answer the latter question first, it definitely matters. No court may… Read More »
When Is Evidence Considered “Prejudicial” in a Personal Injury Case?
When you bring a personal injury case, both you and the defendant have the right to introduce any evidence that might be relevant to resolving any factual disputes–within certain limitations. One of these limitations is that the judge may disallow any otherwise relevant evidence that may be considered “prejudicial.” While there is no hard-and-fast… Read More »
The Role of “Foreseeability” in an Iowa Car Accident Lawsuit
When you file a personal injury lawsuit based on negligence, you need to prove the defendant violated some legal “duty” owed to you. For instance, in an auto accident, you might show the other driver violated the duty to operate their vehicle in a reasonably safe manner according to local traffic laws. In other… Read More »
Iowa Debtor Beats IRS Claim in Bankruptcy Court
After a person files for bankruptcy, their creditors must file a document known as a “proof of claim” if they wish to get paid anything from the assets of the bankruptcy estate. As the debtor, you have the right to object to this proof of claim. Of course, you need to have a valid… Read More »
What Is Bankruptcy Fraud–and How Can I Avoid It?
Filing for bankruptcy is a stressful activity. Many Iowa residents enter the bankruptcy process without much knowledge of the law or what it requires of them. In some cases, a debtor will make an honest mistake in filling out a form or making a required disclosure. This, in turn, may lead a creditor or… Read More »
Will Iowa Courts Enforce Agreements Allowing Employers to Avoid Liability for Injuries to Temporary Workers?
Workplace accidents in Iowa are normally covered by workers’ compensation. This means the employer is required to provide certain medical and wage-replacement benefits to an injured employee, regardless of who may have been at fault for the underlying accident. But what about a situation where a person is hired by a third-party broker to… Read More »
What the Supreme Court’s Recent Decision Means for Iowa’s DACA Recipients
Many immigrants arrived in Iowa during childhood. While their parents may not have followed U.S. immigration law in settling here, their children had no say in the matter. Many of these children grew up to become valuable parts of their local communities, even though legally they are still considered “unauthorized aliens” who are subject… Read More »
Do I Qualify for Chapter 7 Bankruptcy? And What Are My Options If I Don’t?
A Chapter 7 bankruptcy allows you to discharge most, if not all, of your outstanding unsecured debts, such as credit card bills. However, federal law requires you to satisfy a “means test” before you can actually file a Chapter 7 petition. The basic idea behind the means test is that higher wage earners–i.e., people… Read More »
Can Bankruptcy Wipe Out All of My Debts?
If you are having trouble paying your bills, especially in the midst of the COVID-19 pandemic, you may be wondering if bankruptcy can help. Most individuals file for either Chapter 7 or Chapter 13 bankruptcy. In a Chapter 7 case, known as a liquidation, a judge will “discharge” your obligation to repay certain debts… Read More »
Iowa Supreme Court Reviews “Continuing Storm Doctrine” in Personal Injury Cases
Iowa property owners have a legal responsibility to keep their premises reasonably free of hazards that might injure invited guests. For example, a store owner must exercise “reasonable care” to clear its parking lot of snow and ice following a winter storm. But what about during the storm? Can the owner be held liable… Read More »
