In its decision of In re Marble, 2010 WL 3198901 (E.D.Mich.), the U.S. District Court reversed a bankruptcy court's decision that a structured settlement annuity was an exempt asset in a bankruptcy proceeding.
"Debtor may exempt property traceable to payments in compensation for loss of future earnings of an individual on whom the debtor is or was a dependent. Debtor must show that annuity given as part of structured settlement of Debtor‘s father‘s personal injury action is traceable to payment in compensation for lost future earnings of father and that Debtor is or was a dependent of Father. Annuity did not constitute payment for lost earnings of Father where only claim made in state court litigation on behalf of Debtor was for "lost consortium" and Michigan law did not permit a third party including a child to maintain a direct action for lost wages of a third party".
Source: Detroit Consumer Bankruptcy Conference November 11, 2010