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.
Recent Posts
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Category: Structured Settlement Law
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Disclosure of the annuity cost by the defendant has no impact on the income tax free aspects of a Structured Settlement; rather the unqualified availability is decisive.
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A sell structured settlement transaction IS NOT recommended UNLESS you have a well defined essential need and have exhausted all other sources to raise cash. Speak to a credentialed financial professional well versed in structured settlements and your lawyer for guidance
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A qualified assignment is a transfer of a contractual obligation to make future periodic payments under a settlement agreement, which satisfies the requirements of Internal Revenue Code (IRC) § 130.
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Constructive receipt can affect the ability to do a structured settlement. Find out why in this informative video
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The article by John Darer discusses the challenges faced by factoring companies regarding structured settlement annuities owned by the U.S. government, particularly under the Federal Tort Claims Act. Despite prior legal precedents, companies like Stratcap continue to provoke legal disputes, as seen in a New York court case involving attempts to sell rights to future…
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In December 2006, a legal opinion raised doubts about the ability of assignment companies to restructure periodic payments, leading many insurers to withdraw from commutation programs, favoring factoring companies. However, a 2009 IRS ruling clarified that assignment companies could restructure obligations without tax implications, allowing insurers to resume commutation offerings.
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If you want to promote the good that trial lawyers do, I submit that Robert Risk’s doing so in a post on Lerach’s woes (generated because of Lerach’s role in an alleged kick back scheme for which Lerach serves a 2 year prison sentence) is not the place to do it
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IRC 130 is the section of the United States tax code that bestows a tax exclusion to the qualified assignment company for the amount received for agreeing to a qualified assignment, provided that certain conditions are met.
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Canadian citizens with Canadian Structured Settlements Have Less Freedom than American Counterparts with American Structured Settlements, Structured settlements in Canada cannot be factored. There is no equivalent to IRC 5891 and state structured settlement protection acts.
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I have a great deal of respect for David Higgins, as an attorney I’ve had the experience of working with, but the recommendation seems to have a narrow application (personal injury) and in my opinion, judging solely on Babener’s commentary, the variables have not been completely thought through.