Recent Blog Posts
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 »
How Can the Automatic Stay in Bankruptcy Protect Me From Creditor Harassment?
Thousands of Iowans are struggling to make ends meet due to the economic shock of the COVID-19 pandemic. If you suddenly find yourself behind on your mortgage, rent, car payments, or other bills, you may be wondering if bankruptcy is an option. Of course, you should always speak with a qualified bankruptcy attorney before… Read More »
When Is the Owner of a Vehicle Responsible for an Auto Accident Caused by a Negligent Driver?
Legal responsibility for an auto accident is not always limited to the negligent driver. If another person actually owned the vehicle, they may also be liable for any personal injury suffered by a third party. Under Iowa law, this “vicarious liability” applies when the owner gave their consent to allow the negligent driver to… Read More »
How Will Filing for Bankruptcy Affect My Divorce?
Married couples have the option of filing for bankruptcy together. This enables both spouses to deal with any joint or marital debts in a single bankruptcy proceeding. But individual spouses can also file for bankruptcy without the other partner. So what happens when one spouse files for bankruptcy and the couple later divorces? Iowa… Read More »
Loss-of-Use Damages Following a Car Accident
If your car is totaled in an auto accident caused by another person’s negligence, you obviously can seek damages for the replacement cost of your vehicle. But you may also be entitled to additional damages for the “loss of use” and out-of-pocket expenses related to your car. Under Iowa law, loss-of-use damages are available… Read More »
Does Workers’ Compensation Cover Me If I’m Injured While Traveling in My Own Car?
The normal rule when it comes to workers’ compensation benefits in Iowa is that you are covered for injuries that occur while you are “coming and going” to work. That is to say, if you are in an auto accident while commuting to your job in the morning, your employer does not have to… Read More »
How Can Iowa’s “Comparative Fault” Rule Affect the Outcome of a Personal Injury Lawsuit?
Iowa follows a modified comparative negligence rule in personal injury cases. What does this mean in practice? Basically, if two drivers are involved in an auto accident, and one driver ends up suing the other for damages, the judge jury has to apportion relative fault between the two parties. The plaintiff driver can then… Read More »
When Does an Iowa Employer Have to Pay “Penalty Benefits” in a Workers’ Compensation Case?
Workers’ compensation is supposed to ensure employees receive timely medical and wage replacement benefits if they are injured on the job. To facilitate this goal, Iowa law authorizes the workers’ compensation commissioner to award “penalty benefits” to an employee if there is a “denial, a delay in payment, or a termination of benefits” made… Read More »
Can My Spouse & I Discharge Our Student Loans in Chapter 7 Bankruptcy?
Many Iowa couples struggle to make ends meet while also repaying their outstanding student loan debts. Unfortunately, federal bankruptcy laws make it difficult to discharge such debts in bankruptcy. That is not to say student loan debt is never dischargeable–rather, it means the burden is on the debtor to show it would be an… Read More »
