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"Texas Parkinsons Law"
The cause of Parkinson's disease is a shortage of naturally occurring
dopamine within brain cells, which is essential to maintain balance in
blood chemistry. The result of Parkinsons imbalance is seen as inferior
coordination in movement. Victims often appear to tremble, experience
stiff muscles and joints, and display difficulty ambulating. Today,
cure and prevention remain elusive and loss of brain cells and balance
can not be stopped. Progression however can be slowed with medication.
Texas Parkinsons Law posses a unique challenge for Texas bankruptcy
courts who have lost discretion following recent bankruptcy reform.
As medical bankruptcy filings continue to rise, medical insurance
carriers have grown increasingly reluctant to fund medical expenses for
procedures they allege, in their sole opinion, are "unnecessary, ineffective, or fraudulent." Recent case law
indicates that future dischargeability of medical expenses may be
doubtful in many new circumstances, or prevented entirely, for at least 5
years for anyone who earned over the State median income in recent
years. Also, if alleged fraudulent by insurance carriers, bankruptcy
judges may no longer have discretion to permit discharge short of
litigating disputed issues in an adversary proceeding.
In Texas, legal definitions are derived from many sources, both federal and state: case law, statutes, rules of procedure, rules of evidence, and local practices. The application of law determines meaning, rather than common usage in ordinary conversations. For instance, a particular phrase used in a significant court decision may become popular, and is understood to include the rationale and requirements contained in the published opinion. For this reason, any debtor who may have questions about legal terminology should contact a qualified attorney for clarification. Most consumer specialists offer free consultations for anyone who is considering filing Chapter 7 or Chapter 13.
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