Legal Question in Bankruptcy in Iowa
Can a home day care provider file bankruptcy or protection against a suit if a child dies under their
care.
My child drowned in the providers pool.
Asked on 1/21/10, 1:51 pm
1 Answer from Attorneys
Robert Luedeman
solo practitioner
Unfortunately, the answer is that if a judgment is found against a person who was responsible for such a thing they could declare bankruptcy and leave you out in the cold. On the other hand, in such a situation there might be bankruptcy fraud somewhere if there's any concealment or preferential transferring of assets, which means an attorney would have to unravel that mess. It's very fact specific.
Did the home day care provider not have homeowner's insurance? Or are they just not telling anyone? I suggest you contact a competent attorney as soon as you can to secure your rights.
Answered on 1/30/10, 9:37 pm
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