A recent widow whose late husband had been in a nursing home for 2 years before his death one day and is informed that she owes over a $100,000 to the nursing home where her husband died.  She lives modestly and does not have the money.  Is she required to pay for a spouse’s medical or hospital bill if that spouse has died?

What about the case where one is separated but not yet divorced?  Would a person be obligated to pay the bills of a husband or wife from whom one is separated and planning to divorce?
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“Distracted driving” has become a dangerous epidemic on America’s roadways and cell/smart phones when used in an automobile or other vehicle can be a significant part of the problem. Cell phones and smart phones have become an almost essential part of modern life; but, as is the case with many good things, there is a down side.  The attorneys at Seaton and Lohr have held negligent drivers accountable when their inattention or preoccupation causes a serious accident that injures or kills another person.

What is “distracted driving”?  The simple answer is whatever causes a driver to take his or her eyes off of the road and/or their hands off of the steering wheel. Heading the list of distractions are cell/smart phone use while driving. Likewise, texting while driving has become a safety issue for the public driving on the roadways of America. According to the National Highway Traffic Safety Administration (NHTSA),  “distracted driving” is responsible for 80% of all accidents.

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The Bankruptcy Code has two chapters available to help consumers: Chapter 7 and Chapter 13.

In Chapter 7 a consumer can keep his or her home or vehicle in most circumstances after filing bankruptcy if the payments can be made as they come due. These are what are known as secured debts and some examples are mortgages, car loans, and boat loans. In these loans the security or collateral for the loan is the house, car, boat or whatever property secured the loan. Whether a consumer can file Chapter 7 depends upon his or her income. If the consumer’s monthly income is too high according to the bankruptcy guidelines the consumer must file under Chapter 13.  Continue reading

If you are injured while at work and while performing work-related duties and your injury is a result of an accident, repetitive motion (carpal tunnel syndrome, etc), exposure to toxic substances then your injury is covered by workers’ compensation insurance.

It is an unfortunate fact that employers and their workers’ compensation insurance companies do not always do the right thing. Sadly they do not do what they should do to help an injured worker. Worse than that and more often than not in our experience employers and their insurance companies will go to great lengths to avoid the extra costs that arise out of your injury.

To make sure your work comp. claim has the best chance of succeeding you must take certain steps as soon as possible:  Continue reading

The consumer in America today has a constitutional right to file bankruptcy, but that has not always been the case.

Modern bankruptcy laws forgive a debt either by canceling the debt out right (chapter 7) and giving the consumer a “fresh start” or by letting the consumer choose the amount to pay and the time frame in which to re-pay the debt (Chapter l3).

The idea of debt forgiveness is biblical and dates back to the Old Testament. Moses referred to a Jubliee or Holy Year which took place every 50 years when all debts were to be forgiven. Israelites who had sold themselves into slavery were freed. Deuteronomy 15:1-2 expanded the concept of debt forgiveness by stating that at the end of 7 years all debts would be canceled. Today Chapter 7 is the most common form of bankruptcy. L Levinthal, ‘The Early History of Bankruptcy Law’ (1918) 66(5) University of Pennsylvania Law Review 223. See also, Leviticus 25:8-54   Continue reading