By: Darrell Castle If you need to file for bankruptcy, then by all means use your tax refund if you’re fortunate enough to have one. Video Transcript Can you use your tax refund to pay for your bankruptcy? Hi, I’m Darrell Castle and I’m an attorney licensed to practice law in the state of Tennessee, and the answer to that question is YES, you can use your tax refund money to pay for your bankruptcy. There is no reason why you’re not able to do that. The fact that you have a tax refund indicates that you overpaid on your taxes. You understand that you’ve been making an interest-free loan to the government. But nevertheless, if you have a refund
The Tennessee State Comptroller’s Office has released a scathing report that reveals the state is far behind where it should be on inspecting nursing homes and the complaints of abuse that happen there. The investigation reveals state regulators were late to respond in 100% of the most serious complaints. In fact, cases where someone might be in “immediate jeopardy” should get a response within 2 days, but on average it actually took 74 days, and in some cases over 9 months. That can mean death. As a Memphis nursing home abuse lawyer, I’ve seen it happen: people can die in the amount of time they wait for a response. We’re talking about situations of horrific bed sores, violence, or even sexual abuse.
What to know about using your cell phone when driving in Tennessee By: Darrell Castle It’s no secret that cell phone use and text messaging play a big part in car accidents these days. As a result, Tennessee has passed a few laws to limit the use of certain devices on the road. Here is a rundown of the current restrictions: There is no ban on using handheld devices, which means you can talk on your cell phone while driving in Tennessee. School bus drivers are prohibited from using handheld devices when transporting passengers. There are exceptions for emergencies or when needing to communicate with transportation authorities. New drivers are also banned from using cell phones while driving. Additionally
Recently politicians have been talking about streamlining the Tennessee drunk driving laws. Tennessee Safety Commissioner Bill Gibbons has been pushing for clearer, less complicated rules with stronger enforcement. In discussing this need, another issue came to light: the way people in power try to influence the justice system, including when drunk driving is involved. Gibbons has received calls from politicians and powerful people whose relatives or close friends were arrested for drunk driving. They asked him to drop or reduce the charges against their buddies; and they reminded him that they have a lot of control over his budget. In both cases, Gibbons claims he went through with the prosecution and the alleged drunk drivers were convicted. Power is so
Tennessee Disability Rates Soaring A recent report shows that Tennessee disability rates are the 7th highest in the US, with a rate of disability recipients in the state at 6.5% as of 2011. Of these recipients, 32.4% suffer from recurring back and neck pain. In addition, TN residents were among the most likely to receive federal disability benefits – or SSDI – for diseases of the circulatory system. TN residents also have a high rate of diabetes, high cholesterol, and heart attack compared to the national average. In 2011, TN had 260,000 residents receiving Social Security disability benefits for a total of $261.5 million given out. What’s Behind These High Rates of Disability Claims Some critics argue these high numbers
There’s been a fight brewing in Nashville over helmet regulations for bikers, and it came to a head on Tuesday. Republican Rep. Judd Matheny announced to the House Transportation Subcommittee that he’s withdrawing his controversial bill. Matheny’s bill sought to end helmet requirements for adults in the state of Tennessee. Many people supported the bill for a variety of reasons, including: They question the safety benefits of helmets in the first place. They believe requiring helmets – as Tennessee currently does – hurts tourism efforts. They feel the current law infringes on drivers’ rights to make their own decisions. They worry helmets limit peripheral vision. The current law (PDF), which passed in 2005, requires
It’s hard to believe. Could students and their families really be paying almost 70% of their college costs, even at Tennessee state schools? And could community college students really be carrying 60% of the financial burden for their education? After all, many of us can still remember when it was the exact opposite: the state of Tennessee used to cover 70% so students only had to take on 30%. That was the balance up until the 1980s. Now, with taxes high and incomes low, families have to cover more of the bill at state schools than ever before. What’s worse, these numbers don’t include residence hall rent costs, meal plans, books, or supplies. The Commercial Appeal reported on this issue
A few months back, a Tennessee law went into effect that weakened the independent medical exam (IME) in workers’ comp cases. This was a terrible blow to injured workers across the state, who depend on the IME to show an accurate account of how injured they really are. It’s the only place they can turn when an all-powerful doctor, approved by the insurance industry, tells them they aren’t disabled and should just go back to work. But it appears the Tennessee Supreme Court sees the value in IMEs. In a unanimous opinion, the judges decided last week that original doctors couldn’t override the opinion of a third IME. The original case involved two doctors’ opinions which differed from each other.
Tennessee has suspended another nursing home: this time the 147-bed Civic Health and Rehabilitation Center located in on Old Getwell Road near the airport in Southeast Memphis. The state Department of Health has suspended admission into the facility and imposed a $5000 fine after a month-long investigation. Among other alarming problems, the department cites deficiencies with the center’s administration, medical care, food services, infection control, and residents’ rights. In addition, federal Centers for Medicare and Medicaid Services have terminated their agreement with the center – a common step for the agencies after investigations into a nursing home produce negative results. The site will have 30 days to move their Medicare and Medicaid residents to an acceptable alternative. As nursing home
The Commercial Appeal reported yesterday afternoon that refunds totaling greater than $12.8 million may be waiting for over 16,000 Tennessee taxpayers who have not filed their 2010 income tax return, according to the Internal Revenue Service (IRS). However, if these taxpayers wanted to collect the money, they must file with the IRS no later than April 15. There’s no penalty for filing late if you qualify for a refund, but taxpayers seeking their 2010 refund may have their checks held if they haven’t filed returns for 2011 and 2012. The refunds will also be applied to any amounts still owed to the IRS or their state tax agency and may also be used to offset unpaid child support or past