Structured Settlements 4Real® Blog: Structured Settlements | Settlement Planning News and John Darer Reviews

Paul Tudor Jones "Plenty of Room to Raise Taxes, Change Social Security, Cut Health Insurance"

by John Darer CLU ChFC MSSC CeFT RSP CLTC

All the More Reason to Structure Your Settlement or Structure Your Attorney Fees!

Paul Tudor Jones II, the billionaire hedge fund manager is quoted as saying

'There's plenty of room to raise taxes': This billionaire says the US will need to change Social Security, cut federal health insurance to deal with a worsening debt crisis — are you ready? (msn.com)

Higher taxes make structured settlement tax advantages inherently more valuable 

If you lock in a 5% income tax-free rate (IRR) now, what is that worth if tax rates go up? Check out this free resource from 4structures.com LLC in Stamford CT.

Tax Advantages of Structured Settlements | Taxable Equivalent Yield Chart (4structures.com)

• 5% in a 28% bracket is the equivalent to  6.94% taxable
• 5% in a 33% bracket is the equivalent to  7.46% taxable
• 5% in a 35% bracket is the equivalent to  7.69% taxable
• 5% in a 40% bracket is the equivalent to  8.47% taxable

Structured Settlements | What Is a Structured Settlement? (4structures.com)

New York Structured Settlements Experts | Settlement Consulting (4structures.com)

London Market Structured Settlement Experts (4structures.com)

Structured Attorney Fees and Attorney Fee Deferral Experts | 4structures.com LLC

Do Structured Settlement Payments Need to Be Equal Payments?

by John Darer CLU ChFC MSSC CeFT RSP CLTC

Do Structured Settlement Payments Need to Be Equal Payments?

1. Qualified Structured Settlement Payments

• Generally qualified structured settlement payments can be equal or unequal
• There are many different types of structured settlement payments to choose from.  See Types of Structured Settlement Payments | Your Structured Settlement Payment Options (4structures.com)
• You can combine different types of cash flows to suit your needs, in a single contract if you wish.

2. Non Qualified Structured Settlement Payments

• IRC Section 72(u)(1)  "The Non Natural Person Rule"
• The so called "Non Natural Person Rule" provides that "if an annuity contract is held by a person who is not a natural person, then such contract shall not be treated as an annuity contract for purposes of subtitle A (other than subchapter L) and the income on the contract for any taxable year of the policyholder shall be treated as ordinary income received or accrued by the owner during such taxable year
• As an exception to the " non-natural person rule, payments must be substantially equal within the meaning of IRC 72(u)(4).

IRC 72(u)(4) Definition of Immediate Annuity

For purposes of this subsection, the term “immediate annuity” means an annuity—

• 72(u)(4)(A) 

  Which is purchased with a single premium or annuity consideration,

• 72(u)(4)(B) 

  The annuity starting date (as defined in subsection (c)(4)) of which commences no later than 1 year from the date of the purchase of the annuity, and

• 72(u)(4)(C) 

  Which provides for a series of substantially equal periodic payments (to be made not less frequently than annually) during the annuity period.

 

In the structured settlement space, this applies where a domestic (US) non qualified assignment is funded with an annuity, where the annuity is owned by a non-natural person.  

Examples

AGL Assignments, LLC is the non qualified assignment company for Corebridge subsidiaries  American General Life Insurance Company and United States Life Insurance Company in the City of New York  (NY cases) and is registered in Delaware.

MetLife Assignment Company, Inc. is an assignment company, registered in Delaware, that handles both qualified and non qualified assignments where Metropolitan Tower Life annuity is the issuer of an annuity owned by MetLife Assignment Company, Inc.

Are There Any Workarounds to IRC 72(u)?

Non Qualified Assignments Where Funding Asset is Not an Annuity

AGL Assignments, LLC is the non qualified assignment company for Corebridge subsidiaries American General Life Insurance Company and United States Life Insurance Company in the City of New York  (NY cases). A non qualified structured settlement solution is available in all states except Pennsylvania, using a Funding Agreement instead of an annuity. The Funding Agreement is not an annuity.

Reinsurance Structured Settlements

Periodic Payment Reinsurance | Reinsurance Structured Settlements 2023 (4structures.com)

Use of Non-Domestic Assignment Companies

• Structured Assignments, SCC Barbados
• Havelet Assignment Company -Barbados
• Dominion Assignment (Switzerland) for Independent Life's iStructure Dominion Assignment Company - Independent Life
• Kenmare Assignments  (Ireland)

Last updated November 13, 2023

 

 

 

John Darer Reviews How AI Demonstrates How Bad Information from Annuity.Org Gets Spread

by John Darer CLU ChFC MSSC CeFT RSP CLTC

I asked Microsoft's AI what was the difference between a structured settlement and an annuity and this was the result

Aligned

"A structured settlement is a form of negotiated settlement of claims and lawsuits in which some portion of damages is paid in the form of periodic payments. It is not a financial product, but rather a method of payment¹. On the other hand, an annuity is a financial product that provides a guaranteed stream of income over a specified period or for life^{1 2}.

Trails Diverge

"While structured settlements are often funded by annuities, they are not the same thing. Annuities can be purchased by individuals, while structured settlements are awarded by courts to plaintiffs². Additionally, annuity sales do not require court approval if you purchased or inherited the annuity, whereas structured settlement payments require court approval to sell²."

I hope this helps clarify the difference between the two", said Microsoft AI Bing.

Bing cited sources as follows :   1.  4structures.com, and 2. Annuity.org

Bing AI is unable to discern fact from fiction when it comes to the tractor beam of the " awarded a structured settlement" vortex.

Structured settlements are negotiated and are the result of a compromise.

Awards are not settlements

• A Grammy Award is not a settlement 
• An Academy Award (Oscar) is not a settlement
• If the President pins the Medal of Honor on you it is not a settlement
• If you make Dean's list it's not a settlement

 

Lists of civil awards and decorations of the United States - Wikipedia

Structured Settlements 4Real® Blog: Structured Settlements | Settlement Planning News and John Darer Reviews: Annuity.org | Sweeping Up Poor Annuity.org Research (typepad.com)

Structured Settlements 4Real® Blog: Structured Settlements | Settlement Planning News and John Darer Reviews: Awarded a Structured Settlement Vortex (typepad.com)

You Negotiate. If a Compromise is reached, it may include a structured settlement

Structured Settlement Annuity Issuer Contact Numbers | Old Structured Settlement Need Info?

by John Darer CLU ChFC MSSC CeFT RSP CLTC

4structures.com LLC maintains a list of Customer Service Telephone Numbers for Current and Former Structured Settlement Annuity Issuers. Structured Settlement Annuity Company Customer Service Phone Numbers (4structures.com)

In addition 4structures.com LLC continues to build links to access helpful administration forms for payees of qualified structured settlement annuities, non qualified structured settlements, structured attorney fees and more.

Common Change Requests for Structured Settlements

• Change of address
• Set up EFT
• Change of bank for EF
  
• Check beneficiary
• Name or change beneficiary
• Add a contingent beneficiary 
• Change of Payee
• Payment split due to divorce

4structures' John Darer maintains this as a service not only for his own clients, but as a courtesy for all consumers of structured settlements  

When I first entered the structured settlement industry there were more than 20 life insurance companies offering structured settlement annuities.  Some of those companies who have ceased writing structured settlement annuities, maintain service departments for the run- off business, while other companies have sold those blocks. In some cases the structured settlemnet annuity block has been sold more than once. In one case, Allstate, its New York company and its non-New York company were sold to different purchasers.

Sometimes the servicing has been outsourced offshore, with well intentioned service subcontractors in place. But the representatives in some cases are sorely lacking in the historical context, giving you the feeling that they are merely schooled in or reading from a list of talking points. This has in some cases led to consumer confusion. 

If you're one of those consumers click on the above link.

The structured settlement business is seeing the best year in its history, despite fewer markets. 5 of the biggest months for structured settlement annuity production in the history of structured settlements have occurred in the last 9 months! 2023 is set for an all time record year for production.

 

 

Build Enduring Guaranteed Income Streams with Great Structured Settlement Rates 2023

by John Darer CLU ChFC MSSC CeFT RSP CLTC

Make good use of stuctured settlements and build enduring
guaranteed income streams

Structured settlements are on track for a record year in 2023

Labor Day 2023 is here and you, but lawyers and their clients don't need to labor too hard to find great structured settlement rates. Compelling yields in Excess of 5% are possible on intermediate and long term cash flows.  

So what does 5% tax-free mean?

Taxable Equivalent Yields at Different  Hypothetical Tax Rates

15%       5.88%

18%       6.09%

28%       6.94%

31%       7.25%

33%        7.46%

40%        8.33%

50%      10%

See expanded taxable equivalent yield chart

What about investing in the Stock Market?

Well you're not going to put all your eggs in one basket are you?  But let's say you did and if you had the fortitude to ride the ups and downs and stay in the S&P 500 from January 3, 2003 to December 31, 2022 you would have averaged 9.80%.

However, if you missed just the 20 biggest trading days in the S&P 500 from January 3, 2003 to December 31, 2022, you would have averaged only 2.9%. If you missed the 30 biggest trading days the averag would onl have been 0.8% (and it goes downhill from there), according to the J.P. Morgan Asset Management 2023 Retirement Guide published March 2, 2023 p46.

Read Structured Settlement Rate of Return Compared to Alternative Investments (4structures.com) for more details.

Note: Structured settlement rates vary by insurance company and other factors such as duration. Read more about structured settlement quotes

Structured Settlement Brokers Attempt to Drive Sales with Sole 30 Year Old Legal Malpractice Case

by John Darer CLU ChFC MSSC CeFT RSP CLTC

For three decades certain structured settlement brokers and settlement planners have raised the 30 year old Grillo legal malpractice case to drive structured settlement annuity sales, by trying to scare the crap out of plaintiff lawyers.

But why has there been such a dearth of notable, relevant legal malpractice cases related to structured settlements in 30 years?

If there have been no other notable legal malpractice cases in 30 years, then maybe this is not such a big deal, even if the premise of offering a structured settlement is sensible.

"Since Grillo, other cases have been filed against attorneys and other participants in personal injury cases where lump sums were accepted instead of structured settlements" claims one of settlement advisers.

Well if that's really the case. why keep it a secret? How about providing the details, for the sake of credibility?

A Death That Nobody in the Structured Settlement Industry Noticed, until 12 Months Later

When celebrities and famous people die, we notice. Christina Marie Grillo Sullivan was certainly someone of note to structured settlement brokers and settlement planners. She left this realm on September 17, 2014. Nobody in the structured settlement and settlement industry noticed. No announcement, bulletin or anyone posting on Facebook or Twitter or memorial video on YouTube.

Then, September 14, 2015, I happened to look up Christina Grillo on the Internet and discovered that she had died a year earlier. I immediately wrote and published this tribute Christina Marie Grillo Sullivan (1982-2014) | An Extraordinary Woman - Structured Settlements 4Real® Blog: Structured Settlements | Settlement Planning News and John Darer Reviews (typepad.com)

But not a peep from NSSTA, SSP or any structured settlement broker or settlement planners who had been using her name to drive structured settlement annuity sales. Nobody noticed. 

The Court transcript from the more than three decade old late minor's prove up hearing does not appear to jive with the marketing by generations of structured settlement brokers and settlement planners

All is not what it seems folks. Giddy settlement advisers taking creative liberties concerning the case of Grillo v Pettiete, or Grillo v Henry (the guardian ad litem) is not a good look.  Sometimes a story gets told incorrectly and the "urban legend" gets passed from generation to generation. 

I have read a copy of the transcripts and it did not appear to go down the way a generation of settlement planners has spinned it, and continues to spin it to sell more structured settlement annuities or even special needs legal related services. Settlement advisers and anyone else interested can and should read them for themselves by clicking on the links below.

Download TRANSCRIPT1_001 Mr Juniker 1-3-1991

Download TRANSCRIPT2_001 Josephine 1-10-1991

Download TRANSCRIPT3_001 Texas Court of Appeals decision reinstating cause of action against Guardian Ad Litem 1-14-1999 likely led to the settlement.

The "Grillo case"  has been promoted as the poster child for potential attorney fee liability for failing to consider (or offer) a structured settlement to their client.  [see Grillo v Pettiete Cause No. 96-145090-92 and Grillo v Henry Cause 96-167943-96, 96th District Court Tarrant County, Texas.

In that now "dog-eared" legal malpractice case there arose legal questions over whether there is ever a duty to offer a structured settlement. Plaintiff's legal malpractice attorney was quoted as saying "the defendant insurance company offered a structured settlement to the child and plaintiff alleged that the offer was never relayed to the parents and, in fact, never relayed to the court.”. Read the transcripts.

In New York, the 22 year old 2001 Appelate Division 2nd Dept. ruling in Lyons v Medical Malpractice Insurance Association is cited from time to time. The focal point of the Lyons case was on plaintiffs' counsel understanding of Present Value and the duty of privity. In the case there were "questions of fact as to whether the represented present value of the settlement package was a fraudulent, intentional, or negligent misrepresentation, and whether the plaintiffs' alleged reliance thereon was reasonable".  Further, the Appelate  Division ruled that "there was sufficient privity between the parties to support a claim for negligent misrepresentation and that MMIA was aware that the alleged misrepresentation was going to be used for a particular purpose, the plaintiffs were a known party who allegedly relied on the alleged misrepresentation in furtherance of that purpose,and there was conduct by MMIA linking it to the plaintiffs and evincing its understanding of such reliance".

Cite: Alexander Lyons, an Infant, by His Father and Natural Guardian, David Lyons, et al., Appellants, v. Medical Malpractice Insurance Association, Respondent, et al., Defendants.2000-09060
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT 286 A.D.2d 711, 730 N.Y.S.2d 345
June 26, 2001, Argued September 17, 2001, Decided.

Introduction of Structured Settlement Affidavits

Prior to Lyons, the 1990s saw voluntary structured settlement affidavits by a number of New York structured settlement brokers and settlement planners, which were also called a Certificate of Reliability and Assurances (CORA).

Structured Settlement Ethics | Why Structured Settlement Affidavit Matters (4structures.com)

In 2006, as part of sweeping legislation addressing business practices concerning the creation of structured settlements, as well as the possible factoring of structured settlement payment rights, passage of the New York Structured Settlement Protection Act in 2006 New York Code - Laws: General Obligations : (5-1701 - 5-1709) Structured Settlement Protection Act introduced a standard requirement under New York General Obligatons Law for certain mandatory disclosures.

Subsequently, a number of county Supreme Courts in the New York City Metropolitan area made structured settlement affidavits standard operating procedure wherea structured settlement was part of a settlement requiring court approval.

To put things into perspective on the "passage of time"

What Happened in 1991 - On This Day

United States President was George H.W. Bush

Historical Events in 1999 - On This Day

United States President was William Jefferson Clinton

Catching my drift?

 

 

Gobler's "Should You Cash Out a Structured Settlement" is a Turkey

by Structured Settlement Watchdog

Gobler's "Gobledegook"

The New York Post published a Personal Finance piece July 19, 2023, authored by freelance writer Erin Gobler, that it disclaims to a source ironically named "Credible", for which The New York Post earns a fee if you click a link and close a loan through Credible.

"Gobbler" to "Gobler"

In a case of you lost it at hello, Gobler writes

"If you’re the plaintiff in a personal injury or similar claim and win your case, you could find yourself awarded a large amount of cash. But you may not necessarily get that money in one lump sum. Instead, monetary awards may be disbursed over a longer period in what’s known as a structured settlement" says Gobler.

Let's Talk Turkey

1. An Award is not a Settlement
2. A Settlement is not an award. That's why it's called a settlement. Pretty basic stuff.
3. A monetary award, would not be disbursed as a structured settlement.
4. A settlement is a negotiated compromise. This is key. You don't need to "win your case" to enter into a structured settlement with your adversary or their insurance company.
5. In New York, there are a pair of periodic payment of judgments statutes that provide for portions of a judgment in excess of certain thresholds to be paid by what is known as a structured judgment. The statutes are described at New York CPLR 5031-5039 for recovery of damages due to Medical, Dental and Podiatric malpractice (known as Article "50-A") and CPLR 5041-5049 to recover damages for personal injury, injury to property or wrongful death, not subject to Article 50-A  (known as Article "50-B")
6. As long as there are good faith appealable issues and the parties have a meeting of the minds, they can enter into a settlement in lieu of judgment. 

The Value of a Settlement Planner

Gobler  "A structured settlement can provide a source of tax-free income over a long period. But for someone who needs the money right away — perhaps due to the injury that landed them in court in the first place — cashing out the structured settlement could be an option. However, it’s important to consider the benefits and downsides beforehand".

All the Trimmings

1. Work with a credentialed and experienced settlement planner to explore your options before signing any release. What is Settlement Planning? Settlement Advisors and Transitional Financial Planning NY|NYC|CT|NJ (4structures.com)
2. A structured settlement can provide tax free income over short term, intermediate term and long term time frames. 
3. Periodic payment settlements can be used in the comprise of claims for damages that are taxable. What are Non Qualified Structured Settlements and Non Qualified Assignments for Tax Deferral (4structures.com)
4. Muliple income streams can be customized in the same annuity contract, or in multiple contracts, diversified by company if desired or prudent. What Are Structured Settlement Annuities? Structured Settlements FAQ (4structures.com)
5. Don't enter into a structured settlement if your mind is on "cashing out" in the near term.

One of the clearest elements of my 18 year mission as the Structured Settlement Watchdog is to help provide consumers the clearest path to accurate information about structured settlements. 

John Darer Reviews Divorce and Structured Settlement Annuity Issuer Service Standards

by John Darer CLU ChFC MSSC CeFT RSP CLTC

Divorce is a Reasonable Forseeable Possibilty

The divorce rate in the United States around 44.6% of marriages.  Source: The Hive Law

As the Structured Settlement Watchdog I typically do 100 hours of pro bono work each year. Not only is it well received and needed by consumers, it also informs on service gaps (known, unknown or should have known gaps) and on how companies in the industry can improve.  

Known Structured Settlement Servicing Issues That Have Been Uncovered

1.  Carefully Document the File When Split Funding Structured Settlements

When using split funded structured settlements in any combination, whether a mixed duration split, annuity company split, or a product split, it's a good idea to have a simple summary of the documentation delivered to the client.

In 2015, I received a call from a concerned Allstate annuitant whose benefits had been abruptly "cut off". The structured settlement payment stream from the annuity, was the annuitant's share from a divorce settlement, Naturally they were concerned. I did not write the policy.  

Unfortunately, just two years following its life insurnace companies ceasing underwriting this line of business, Allstate had outsourced customer service to a Phillipine call center with inadequate training. The rep ecnountrered by the annuitant was neither knowledgeable enough, nor helpful. The ill-prepared Allstate Phillipine call center rep needlessly sent the annuitant into a state of panic by incorrectly stating (because they likely did not know how Allstate issued annuity policies) that her benefits were over.

Fortunately, the annuitant contacted me, someone with enough experience to know the history and nuance and peculiarity of how Allstate issued policies. Instead of issuing a single policy, as is the customary practice with every single life insurance company I've dealt with in 40 years in the insurance industry, Allstate split the certain and life contingent portions into two separate annuity policies. 

_________________________________________________________________

SIDE BAR

Structured settlement annuities are a unique policy form that enables different types of structured settlement payments to be combined in a single annuity contract.

__________________________________________________________________

 

What happened was that the periodic certain policy stopped and the "switch" to the life contingent policy did not happen as it was supposed to. It took some calling to find someone at the home office of Allstate who was from the old structured settlement department  (Allstate stopped writing new structures in 2013), who could take remedial action but eventually the situation was rectified. It would have been helpful however and have saved the annuitant a quite a bit of agita, if the original broker had placed a summary in with the delivery of the policy. 

Split Funded Structured Settlements Require Careful Documentation - Structured Settlements 4Real® Blog: Structured Settlements | Settlement Planning News and John Darer Reviews (typepad.com)

2.  When a Policy payment is split between two former spouses then each spouse should receive notices concerning the policy

Eight years from the above Allstate issue there is a new issue.  The payments are life contingent and require an annual attestation of Proof of Living [see Proof of Living and Structured Settlements (4structures.com)]. It was relatively smooth sailing from 2016-2022.  Something has changed. The divorce split annuitant had been contacting E.M. at Allstate and she would send the Proof of Living form which the annuitant would complete and send in. However apparently things changed in 2023 when E.M. was no longer there and Allstate having been reconstituted as Everlake Allstate Life Structured Settlements | What You Need To Know (4structures.com).

The split annuitant speaks of intolerable on hold times on the Everlake service line and being told  that Everlake (or its servicing company) would only send notice to her ex-husband, who she has been divorced from for 15+ years! She is listed as an annuitant in the company records as a result of the long in place divorce decree.

3. When one divorced spouse payee initiates a Structured Settlement Transfer and the Annuity Issuer will not split, or further split payments?

This exposes the non-selling split annuitant spouse and dependents to a servicing agreement and possible invasion of privacy from secondary market actors that are mostly non regulated. At what point should this issue be disclosed and who is responsible for disclosing it? 

4. Companies who are divesting their life insurance or annuity divisions or product lines that include structured settlements should include this consideration on their punch list

It seems to me that dealing with this forseeable issue earlier rather than later, by establishing updated policies and procedures to address these issues, will be less of a burden for the annuity issuer and qualified assignment company than having to dig out after a divestiture. There is the reputational risk exposure as well.

Divorce Statistics that Validate Why Annuity Issuers, Attorneys and Settlement Planners Must Initiate Discussions to Address Reasonably Forseeable Issues in updated Company Procedures and Workflow

• The average length of a marriage that ends in divorce is 8 years.
• Women file for 66% of divorces.
• The most common age for divorce is between 25-39 years old.
• The median age for divorce is 39.
• The divorce rate among those over 50 (gray divorce) has doubled since the 1990s.
• 60% of second marriages end in divorce.
• The rate of divorce decreases with higher levels of education and income.
• States that have no-fault divorce laws have higher divorce rates than states that require proof of fault.
• Children of divorce are more likely to experience emotional and behavioral problems.
• Children of divorce have a higher risk of divorce themselves when they grow up.
• The average age for couples to divorce for the first time is 30 years old for men and 29 years old for women.
• The divorce rate for first marriages within the first five years is around 20%.
• The divorce rate for military couples is higher than the general population, with a rate of 3.7% compared to 3.2%.
• The percentage of divorced adults in the US has more than doubled since 1960, from 9% to 22%.
• The percentage of divorced adults who remarry is around 75%.
• The divorce rate for couples who marry before age 25 is around twice as high as for those who marry after age 25.
• The divorce rate for same-sex couples is around 39%

Source: 113 Divorce Statistics On The Divorce Rate In America (For 2023) - The Hive Law

What About Non Binary Couples and Divorce?

How Many Gay Marriages End In Divorce? - Pride Legal

 

 

 

 

Can a Structured Settlement Annuity Be Sold?

by John Darer CLU ChFC MSSC CeFT RSP CLTC

A structured settlement annuity cannot be sold.  Individuals with structured settlements do not own the annuities that fund their structured settlements. They cannot sell what they do not own. Structured settlement annuities are generally owned by qualified assignment companies or non qualified assignment companies. In the less common so-called buy and hold cases, the buying and the holding is by the Defendant or insurance company.

But Annuty Expert Advice Said I Could Sell My Structured Settlement Annuity? 

Shawn Plummer, the proprietor of Annuity Expert Advice, has won the Canard of the Week multiple times for just this sort of "fupped duck" answer. 

 

"Can I sell my structured settlement annuity to a third party without the court being involved? No, in most cases, the court must be involved when selling a structured settlement annuity. This is because you must first obtain court approval to sell your settlement payments legally".

 

Plummer's answer is wrong on the fundamentals.

• As previously stated if you are receiving structured settlement payments you don't own the structured settlement annuity. 
• A Court cannot order or approve you selling something you don't own
• A Court must be involved only when you are attempting to sell structured settlement payment rights

If that's what Plummer meant why all the muddled words?

We can all have a little laugh at a meme of a blow up duck to drive home a point, because when it comes to structured settlement annuity ownership, Plummer is simply providing misinformation on the subject. I don't think it is intentional. Plummer is simply not a structured settlement annuity expert, he's an annuity content creator. Plummer appears to have no professional credentials for structured settlements at the time of publishing.

 

Cordero v Transamerica Society of Settlement Planners Post Mortem

by John Darer CLU ChFC MSSC CeFT RSP CLTC

Next week attorneys Eddie Stone and Stephen G Harris reprise their debate concerning the matter of Cordero v Transamerica in a post mortem for members of the Society of Settlement Planners. Patrick Hindert of Independent Life Insurance Company again moderates.

The Cordero case is over, a failed effort notable for not targeting, as a Defendant, any structured settlement factoring companies and instead going after the life insurance companies that issued the structured settlement annuities and the qualified assignment company.

The losing cause focused on the anti-assignment provisions and there was an attempt to make that three pointer, but ended up with nothing but rim.

Hindert Said That Anti Assignment Clauses Were a Pitfall, in 2013

So in my opinion Patrick Hindert, as moderator, is an a difficult position. There are questions he should be answering. Hindert cannot hide the fact that in 2013,  while still basking in the glow of the 2012 National Association of Settlement Purchasers' Alexander Hamilton Award, he participated in Strategic Capital's "Factoring Roundtable". Patrick Hindert is quoted and the still published quote excerpt says the following   

"A... pitfall occurs if settlement documents include anti-assignment clauses, which do not specifically reference and permit transfers pursuant to IRC 5891 and state structured settlement protection statutes".

pitfall - Patrick Hindert - Sell Structured Settlement Payments - Cash For Future Payments (strategiccapital.com)

It should be noted that the Cordero settlement agreement does not have that language, nor would it, given that the Victims of Terrorism Tax Relief Act of 2001 (that begat IRC 5891) did not go into effect until January 2002

Hindert supported and defended the right to free alienability of property rights (in this case the right to factor)

NASP has bestowed its Alexander Hamilton Award eight times "to distinguished individuals who have supported and defended the right to free alienability of property rights." NASP considers this right to be its own cornerstone and the foundation of the structured settlement factoring business".  Patrick Hindert,  S2KM Ltd  November 22, 2015  Source: S2KMblog.typepad.com, retrieved May 4, 2023. 630pm EDT.

Strategic Capital is a structured settlement factoring company based out of Toronto, Canada.

Hindert Cited on Anti Assignment Clauses in 2015 Structured Settlement Factoring Company Guide by Factoring Company Strategic Capital

In Strategic Capital's Structured Settlement Guide | Selling Structured Settlements Across the Country and the World, published in December 2015, it says at pages 101-102.

"As Patrick Hindert, Managing Director at S2KM Limited and a lawyer highly experienced in the settlement industry, said 'anti-assignment clauses in settlement documents are enforceable and, if enforced, could prevent structured settlement recipients from selling structured settlement payment rights'.

For example, says Strategic Capital, "one Florida court case (Rapid Settlements, LTD v Kimberly Dickerson, et al) made it to the court of appeals  (and still the judge declined the sale, saying it was clearly against the agreement. But judges do not always uphold such language".  Strategic Capital says "Thus, even if your paperwork has such a clause it may be worthwhile to consult with them ('Stratcap') and see what they say about your chance of approval"

Here is a link to the guide:

Structured-Settlement-Guide.pdf (strategiccapital.com)

Stratcap does not give the cite to the 2006 case, but here it is:

District Court of Appeal of Florida,Fourth District RAPID SETTLEMENTS, LTD., Appellant, v. Kimberly DICKERSON, et al., Appellee. No. 4D05-4643 decided November 22, 2006

Obviously the 2006 decision is a Florida District Court of Appeals decision and not the 11th Circuit Court of Appeals or the New York Court of Appeals, decisions that were made by a higher courts and were more recent.

Resources for People Who Have A Structured Settlement and who:

• Are being bombarded with calls from structured settlement factoring companies
• Are being bombarded with texts from structured settlement factoring companes
• Have had some weirdo show up announced at your house who knows all about your structured settlement
• Had friends or relatives mention they were contacted by a structured settlement factoring company and now they are trying to influence you.

Selling A Structured Settlement in 2023? Get The 411 on Cash Now. Don't Be a Victim (4structures.com)

Independent Professional Advice (IPA) for Structured Settlement Sellers (4structures.com)

• Turned 18 (or will turn 18 shortly) and just found out you have "this thing called a structured settlement" and want to know "What the heck is that?"

Structured Settlements | What Is a Structured Settlement? (4structures.com)

Settlement Planning Financial Calculators (4structures.com)