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Category: Structured Settlements

No Proof That Factoring Company Notified California Attorney General, Payee, Others, Says Court In Rejecting Proposed Transfer

No Proof That Factoring Company Notified California Attorney General, Payee, Others, Says Court In Rejecting Proposed Transfer

The payee changed his mind about selling his settlement payment rights, and the factoring company provided the court with no proof of service on interesting parties and included a prohibited provision in its proposed contract, so a California court recently issued a ruling rejecting a proposed transfer of structured settlement payment rights. Orange County, California, Superior Court Judge Robert J. Moss issued a May 18, 2018 tentative order denying the petition for court approval, under the California Structured Settlement Protection…

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News Reports Highlight Developments in Woodbridge Bankruptcy, SEC Proceedings

News Reports Highlight Developments in Woodbridge Bankruptcy, SEC Proceedings

The Woodbridge Group of Companies, LLC, filed for bankruptcy in December, shortly before the Securities and Exchange Commission filed a lawsuit alleging the company ran a billion-dollar Ponzi scheme. Other lawsuits followed, and this month, there have been news reports about developments in the bankruptcy proceeding, the SEC lawsuit, and other actions involving the company – a company that perhaps was perhaps best known for real estate investments but whose businesses also included structured settlement factoring companies Woodbridge Structured Funding, Ash…

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Florida Court Rules That Factoring Company Failed To Include Statutorily-Required Choice-Of-Venue Clause In Proposed Contract

Florida Court Rules That Factoring Company Failed To Include Statutorily-Required Choice-Of-Venue Clause In Proposed Contract

The Florida court that recently rejected a proposed transfer of structured settlement payment rights because the transaction violated New York’s structured judgment law also addressed the fact that the proposed contract did not contain a provision required under Florida law. In the opinion in In Re: Approval Of Transfer Of Structured Settlement Payment Rights Between JLC Capital Funding and Ortega, Case No.: 16-CA-003649, 2018 WL 1896171, Circuit Court, Lee County, Fla. (Fla. Cir. Ct. Mar. 28, 2018), the Florida Circuit Court…

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New York’s Structured Judgment Law Bars Settlement Factoring Deal, Says Court

New York’s Structured Judgment Law Bars Settlement Factoring Deal, Says Court

New York’s structured judgment statutes are found in Civil Practice Law & Rules Sections 50-A and 50-B.  Section 50-A is entitled “Periodic Payment of Judgments in Medical and Dental Malpractices Actions”, and Section 50-B is called “Periodic Payment of Judgments in Personal Injury, Injury to Property, and Wrongful Death Actions”.  Both require, under certain circumstances, that certain awards to claimants be paid over time.  Both also provide that such payments over time are non-assignable, except in certain circumstances.  In particular,…

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Alabama Court Rejects Settlement Factoring Deal, Awards Attorneys’ Fees to Insurers

Alabama Court Rejects Settlement Factoring Deal, Awards Attorneys’ Fees to Insurers

An Alabama court this month rejected a factoring company’s attempt to obtain judicial approval of a transfer of structured settlement payment rights – in a deal that would have traded more than $800,000 in settlement payments for an immediate payment of $4,000 – and awarded attorneys’ fees to the insurers that pointed out to the court how the factoring company failed to comply with applicable law. In CBC Settlement Funding, LLC v. Scott, Case No. CV-2017-092576.00, 2018 Ala. Cir. LEXIS…

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Michigan Courts Join Those From Other States In Awarding Attorneys’ Fees Based on Failure of Factoring Company to Comply with Structured Settlement Protection Act

Michigan Courts Join Those From Other States In Awarding Attorneys’ Fees Based on Failure of Factoring Company to Comply with Structured Settlement Protection Act

The opinion of the Michigan Court of Appeals in J.G. Wentworth S.S.C. v. Morris, No. 333413, 2018 Mich. App. LEXIS 347 (Mich. Ct. App. Feb. 22, 2018) (here), is the latest judicial opinion where courts had to consider a request for attorneys’ fees under a state structured settlement protection act. In Morris, the Michigan appellate court affirmed the state trial court’s decision to award such fees to the annuity issuer and the structured settlement obligor.  The appeals court said that…

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Michigan Appeals Court Affirms Attorneys’ Fees Award in Structured Settlement Protection Act Dispute, Where Factoring Company Did Not Comply with Statute

Michigan Appeals Court Affirms Attorneys’ Fees Award in Structured Settlement Protection Act Dispute, Where Factoring Company Did Not Comply with Statute

The Michigan Court of Appeals last week affirmed an award of attorneys’ fees to insurers based on a factoring company’s failure to comply with the state’s structured settlement protection act. J.G. Wentworth S.S.C. v. Morris, No. 333413, 2018 Mich. App. LEXIS 347 (Mich. Ct. App. Feb. 22, 2018), involved a dispute over a single structured settlement payment due to be paid in 2015 to payee Anthony Morris.  Between 1998 and 2007, Morris entered into a series of transactions whereby he…

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Virginia Lawyers Weekly Reports on Class Action Complaint Challenging Settlement Factoring Deals

Virginia Lawyers Weekly Reports on Class Action Complaint Challenging Settlement Factoring Deals

On the same day that largest Virginia-based newspaper reported on a putative class action alleging a scheme to defraud structured settlement Virginia Lawyers Weekly on February 2nd reported on the putative class-action complaint filed last year alleging that a Virginia legislator and some Virginia judges were complicit in a scheme with factoring companies aimed at deprive structured settlement payees of their rights. The article, Delegate sued over structured settlement sales, is available here (subscription required). The article reports that the complaint…

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Law Professor Also Looks at Idea of Ban on Factoring By Lead Poisoning Victims From Viewpoint of Taxpayers, Parents, Investors

Law Professor Also Looks at Idea of Ban on Factoring By Lead Poisoning Victims From Viewpoint of Taxpayers, Parents, Investors

In her article calling for a ban on transfers of structured settlement payment rights by lead poisoning victims (described here, here, and here), law school Professor Karen Syma Czapanskiy’s article analyzes some of the issues from the point of view of investors in such transactions, as well as from the viewpoint of taxpayers. Among the University of Maryland professor’s additional comments are the following. Banning Sales Protects the Taxpayer:  “[B]anning sales would . . . protect the community and the…

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In Calling For Ban on Settlement Factoring Transactions by Lead Poisoning Victims, Law Professor Says Current Laws Are Inadequate

In Calling For Ban on Settlement Factoring Transactions by Lead Poisoning Victims, Law Professor Says Current Laws Are Inadequate

Current laws regarding the sale of structured settlement payment rights are inadequate to protect lead-poisoning victims. So says law school Professor Karen Syma Czapanskiy in her recent article, “Structured Settlement Sales and Lead-Poisoned Sellers: Just Say No”, in the Virginia Environmental Law Journal (36 Va. Envtl. L. J. 1). The University of Maryland School of Law professor argues that sales of structured settlement payment rights by lead poisoning victims should be banned. Professor Czapanskiy offered a number of criticisms of…

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