Structured Settlements 4Real®Blog 2026
Structured settlements expert John Darer reviews the latest structured settlements and settlement planning information and news, and provides expert opinion and highly regarded commentary. that is spicy, Informative, irreverent and effective for over 20 years.
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- How Sheron Jones Was Exploited — And Why D.C.’s Failure to Mandate IPA in SSPA Enabled It
- Attorney Fee Structured Settlement Factoring
about
Category: IRC 130(d) Qualified Funding Asset
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Offshore assignment company assumes future periodic payment obligations from qualified settlement funds (or defendants ) and funds the obligations to plaintiffs and lawyers, using a “patchwork quilt” of structured settlement receivables in lieu of structured settlements annuities.
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There doesn’t appear to be any evidence that an investor /purchaser of structured settlement payment streams in the tertiary market entitles the purchaser of the “receivables” to the same state guaranty fund protection that may be afforded the original annuitant. in the event of an underlying insolvency
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Structured settlement agreement language which says “Defendant or its Insurer will arrange for the purchase of an annuity” is a potentially fatal mistake. But why is it a fatal mistake?
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An individual can enter into a qualified assignment as the assignor. The individual must be a party to a suit or agreement and the payment obligations being assigned must be exempt under IRC 104 (1) or IRC 104(a)(2)- generally on account of physical injury, physical sickness or workers compensation.
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At the time of posting, with all but two annuity issuers, a security interest IS available and expressly permitted under Federal tax law. Although not in the Periodic Payment Settlement Act of 1982, §130 was amended in 1988 to allow the recipient to be a secured creditor in the funding asset.
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Trust companies are regulated by a number of entities and are permitted to pay referral fees for business in accordance with those banking regulations.
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A qualified assignment is a legal transaction that is used, with the consent of a Plaintiff, to transfer an obligation to make future periodic payments of damages to a Plaintiff, from a Defendant, Insurer or Qualified Settlement Fund, to a qualified assignment company. The Assignee holds the annuity.
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Why Paragon Settlement Group would Is it too much to ask, for the benefit of the structured settlement industry (and the structured settlement consumer) for Paragon Settlement Group to do the right thing?hoose to put out what is now long obsolete information is anyone’s guess.
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Virtually all cookie cutter structured settlement documents work for single adult plaintiff. But the “cookie cutter” documents quickly lose their utility when the Payee is a person or entity that different than the person releasing the claims against the Defendant.