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: “The Best Interest Test” and Judicial Responsibility
Judges need to be on their game when it comes to evaluating a structured settlement transfer petitions. History has shown some horrific preventable judicial mistakes that led to unimaginablebut consequences
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Court approval is required for structured settelment payment rights transfers to ensure that the transaction is in your best interest. Unfortunately, there have been far too many cases where sellersended up being taken advantage of.
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After reading some of the decisions made by judges around the country where a structured settlement factoring transaction was determined to fail "the best interest" test, it is evident that neither the factoring company or their legal counsel was adequately prepared. It is hard to see from some of the published decisions where an adequate…
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State structured settlement protection acts leave it to a judge to determine if the structured settlement factoring transaction is in the plaintiff’s “best interest”. Many judges are already doing a great job. But here’s something that must be addressed.