by John Darer CLU ChFC CSSC
New York State Law Reporting Bureau has the Court's opinion In the Matter of the Petition of Settlement Funding of New York, LLC, for Approval of Transfer of Structured Settlement Payment Rights of John E. Platt. 2003 NYSlipOp 23970 posted on its web site.
This is an excellent piece to help understand the procedures that this particular court in Lewis County, New York State went through to evaluate the merits of the structured settlement recipient's petition to sell his structured settlement payment rights. It also is helpful to know the extent of the discounts that the person selling his structured settlement payment rights is subject to. If you review the opinion you will see that the discount rate used to reduce to present value seems reasonably fair but then the effective discount rate is a shade under 20% compounded monthly! Mr. Platt consented to this.
It would be helpful to see more of these opinions published in other jurisdictions.
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