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loan was made long before her medical diagnosis, so this transfer was not penalized.
However, the son failed to make payments on the note after the 2016 Parkinson’s disease diagnosis. The court ruled that the remaining balance was forgiven by a motivation to qualify for Medicaid, so that amount of the transfer was penalized. A second son was loaned $150,000 to start up a yogurt business. However, the business failed. The son executed an asset sale agreement where Victoria’s husband received about $55,000 from an equipment sale. Since the business had no other assets, there was no way to seek repayment for the remainder of the loan. The court ruled that the loan document complied with Medicaid rules and laws. Also, the RANDOM REVIEWS Ginger Bistro AUTHENTIC CHINESE RESTAURANT Until recently, my only Chinese food experience in Florida was either takeout from a strip mall or a large chain restaurant, neither of which is the type of Chinese dining I grew up with in North Jersey. While much of the food I had in Florida was good, I missed the “dining experience” of starting off with a cup of traditional hot tea while perusing the menu. Finally, I unexpectedly came across a restaurant that was like the authentic Chinese restaurants I grew up with when I met my best friend Nick (also from New Jersey) and his family at the Ginger Bistro in Fort Myers while they were vacationing this past season. From the outside, you might think this is just another trip to a strip mall Chinese restaurant. However, once you walk inside, you immediately realize you are not in for the typical experience. From the Chinese music playing to the prepared Peking ducks hanging in the display window (if you don’t know what Peking duck is, think of the last scene in “A Christmas Story”), I was immediately transported to the restaurants of my youth. Then, when I opened the unbelievably extensive menu, I realized this was going to be fun. I think you could probably go there every day for a year and not eat the same thing twice.
Another loan was made to both sons. The court did conclude that this transfer would be penalized as it was made after her diagnosis and the loan terms did not comply with Medicaid laws. Namely, the note called for balloon payments. One lesson from this case is that you can establish that transfers were not made in contemplation of Medicaid eligibility and therefore should not incur a penalty. The second valuable lesson is to always execute notes that comply with Medicaid eligibility laws.
–Mark Martella, Esq.
Photo: Ginger Bistro, Facebook
wonderful flavors, such as Mongolian beef or pork in garlic sauce. My favorite appetizer is their salt and pepper eggplant, which at first I only tried because one of the couples we were dining with was vegan. Now I get it every single time! If you are vegetarian or vegan, there is an extensive menu of choices that does not disappoint. Recently, I discovered their Cape Coral location, which I liked even more as it is a bit more intimate. If you are looking for an authentic Chinese dining experience featuring Hong Kong-style dim sum and BBQ, along with a wide variety of Cantonese-style stir-fry dishes, then I highly recommend giving Ginger Bistro a try. Unfortunately, I am writing this a week after Hurricane Ian ravaged our Southwest Florida community, and I don’t know how well either location weathered the effects of the storm, but I am hoping they are reopened by the time you are reading this and that you can help support their recovery. The Fort Myers restaurant is located at 4650 Cleveland Ave. (Rt. 41) in the JOANN Fabrics shopping plaza, 239-689-3113. The Cape Coral location is located at 2366 Surfside Boulevard, 239-558-8865. Check out their menu at GingerBistroUSA.com. –Mark Martella, Esq.
I first went to Ginger Bistro before I switched to a plant- based diet, so I have had their pork and beef dishes, all with
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