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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Category: IRC 5891 Structured Settlement Factoring Transaction
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When does an insurance company start to flag a structured settlement factoring case for intervention? Are insurers doing enough, or should an insurer have a greater role in protecting its insured structured settlement annuitants from abusive structured settlement cash now hustlers now and in the future?
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Structured Settlement annuities may not be sold. However the rights or receive structured settlement payments can be sold, an important distinction..
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A structured settlement factoring transaction with the assignment company, in which the payee receives a stream of payments in lieu of a lump sum seems like a viable alternative to traditional structured settlement factoring where there is hardship and payee cannot wait for a future lump sum payment.
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RC 5891(b)(1) provides that the excise tax under IRC 5891(a) shall not apply in the case of a structured settlement factoring transaction in which the transfer of structured settlement payment rights is approved in advance in a qualified order. It is these orders that a former Paris & Chaikin paralegal is alleged to have falsified.
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The Mary Alice Rose case challenges Maryland’s standards for Independent Professional Advice (IPA) for structured settlement sales. The complaint alleges attorney Charles E. Smith misrepresented providing independent advice, prioritizing profit instead. Rose’s cognitive impairments left her vulnerable, questioning the effectiveness of protections meant for such individuals. Mandatory court appearances could enhance oversight.
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In just over 24 months, 11 transfer orders were granted in the Commonwealth of Virginia, 10 of which were submitted by the same attorney and approved by the same judge, which effectively divested an amputee burn victim of his structured settlement that was designed to last for his entire lifetime,
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Sellers need to be aware that a transactions that do not comply with federal or state statutes, may put the tax treatment on the table for discussion. The Federal legislation, effective in 2002, that established IRC 5891, is intended to protect payees who sell structured settlement payments.
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As part of its effort to sell what it labels a direct investment in an annuity contract, the settlement purchaser states that “each state has a specific limited guarantee or fund for repayment in the event that an insurance company is not able to meet their obligations.
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Caller after caller is a structured settlement annuitant who has been induced into forum shopping by salesmen of the structured settlement secondary market to the state of Florida . Many victims are then systematically churned, “raped” of their structured settlement payouts by a system that fails them.
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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.