Here is another article that we found that give credence to the need for a Structured Settlement Attorney, to act as your Independent Professional Advisor when you are selling a structured settlement 10 Things We Learned About The Structured Settlement Purchase Industry By Ashlee Kieler August 28, 2015 Report after report finds that payday lenders, auto title loan firms and pension advance operations unfairly target vulnerable consumers with high fees and questionable terms, but a new investigative piece from The Washington Post shows that are some lesser-known, but very lucrative players offering quick cash to vulnerable consumers: structured settlement purchasing companies. […]
Structured Settlement Buyouts As a Structured Settlement Attorney that represents sellers of structured settlements as an Independent Professional Advisor, we found this article very interesting. By Terrence McCoy September 1 at 7:50 PM Two members of the U.S. Congress have written a letter to Attorney General Loretta Lynch requesting an investigation into whether companies that purchase settlement payment rights have violated federal law amid mounting criticism that some deals have taken advantage of vulnerable residents in poor, urban communities.“Our goal is to have the Attorney General’s office take a deep dive into these practices and expose wrongdoing, because clearly we […]
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From time to time we run across articles that we believe are well written, and not just for advertisement. When we do find such articles we like to share them with our readers. this is one of those articles we found, written by an attorney, and seems to be on the mark when it comes to talking about independent professional advice. Guardians Ad Litem Are Not Independent Professional Advisors The sale of a structured settlement to a factoring company will involve a court proceeding. I […] Continue reading Court appointed Guardians Ad Litem Are Not Independent Professional Advisors;
The Nebraska Structured Settlement Protection Statute Cited as 2001 NEB 25-3101 – 25-3107 LB55 LB 55 LEGISLATIVE BILL 55 Approved by the Governor April 4, 2001 Introduced by Landis, 46 AN ACT relating to financial arrangements; to amend section 9-109, Uniform Commercial Code; to adopt the Structured Settlements Transfers Protection Act; to harmonize provisions; to provide an operative date; to repeal the original section; and to declare an emergency. Be it enacted by the people of the State of Nebraska, Section 1. Sections 1 to 7 of this act shall be known and may be cited as the Structured Settlements […]
The New Mexico Structured Settlement Protection Statute N. M. S. A. 1978, § 39-1A-2 § 39-1A-1. Short title This act may be cited as the “Structured Settlement Protection Act”. § 39-1A-2. Definitions As used in the Structured Settlement Protection Act: A. “annuity issuer” means an insurer that has issued a contract to fund periodic payments under a structured settlement; B. “court” means: (1) the court of original jurisdiction that authorized or approved a structured settlement; or (2) if the court that authorized or approved the structured settlement no longer has jurisdiction to approve a transfer of payment rights under the […]
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The Montana Structured Settlement Protection Statute Montana Senate Bill 122 Synopsis: An act regulating the transfer of a beneficiary’s structured settlement payment rights; requiring disclosure and approval of a court or responsible administrative authority prior to transfer; outlining obligations after a transfer; placing a condition on additional transfers; providing for jurisdiction and notice; prohibiting waiver of provisions; providing conditions for contingent payments; assigning responsibility for compliance; and providing an applicability date. Text: BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA: Section 1. Short title. Sections 1 through 12 may be cited as the “Structured Settlement Protection Act”. […]
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Ohio Structured Settlement Protection Act § 2323.58 Definitions. As used in this section and sections 2323.581 [2323.58.1] to 2323.587 [2323.58.7] of the Revised Code: (A) “Annuity issuer” means an insurer that has issued an insurance contract that is used to fund periodic payments under a structured settlement. (B) “Applicable law” means any of the following, as applicable in interpreting the terms of a structured settlement agreement: (1) The laws of the United States; (2) The laws of this state, including principles of equity that are applied in the courts of this state; (3) The laws of any other jurisdiction if […]
The New York Structured Settlement Protection Statute McKinney’s General Obligations Law § 5-1701 § 5-1701. Definitions For purposes of this title: (a) “annuity issuer” means an insurer that has issued an insurance contract used to fund periodic payments under a structured settlement; (b) “dependents” include a payee’s spouse and minor children and all other persons for whom the payee is legally obligated to provide support, including alimony or maintenance; (c) “discounted present value” means the present value of future payments, as determined by discounting such payments to the present using the most recently published applicable federal rate for determining the […]
The Maine Structured Settlement Protection Statute MAINE STATUTES TITLE 24-A§2241. DefinitionsAs used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [1999, c. 268, §2 (new).] 1. Annuity issuer. “Annuity issuer” means an insurer that has issued an insurance contract used to fund periodic payments under a structured settlement. [1999, c. 268, §2 (new).] 2. Applicable law. “Applicable law” means: A. Federal law; [1999, c. 268, §2 (new).] B. The laws of this State, including principles of equity applied in the courts of this State; and [1999, c. 268, §2 (new).] C. The laws […]
The Maryland Structured Settlement Protection Statute MARYLAND CODE COURTS AND JUDICIAL PROCEEDINGS Current through 2001 § 5-1101.(a) In this subtitle the following words have the meanings indicated. (b) “Discounted present value” means the fair present value of future payments, as determined by discounting payments to the present using the most recently published applicable federal rate for determining the present value of an annuity, as issued by the United States Internal Revenue Service. (c) “Independent professional advice” means advice of an attorney, certified public accountant, actuary, or other licensed professional adviser: (1) Who is engaged by a payee to render advice […]