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
- “From ‘Bridge to Bitcoin’ to $337M Daily Losses: Less Than a Year Apart.”
- MetLife Announces NQA-Flex Deferred Payment Solution for Non-Physical Injury Settlements
- 🔹Structured Settlements and Bankruptcy of the Payee: What Courts Actually Look At
- Structured Settlement Collection Agency in Henderson, Nevada Is Still Not a Structured Settlement — Now Nevada Law Makes That Clear
- Crypto Still Isn’t Suitable for Injury Victims — A Reminder From This Week’s Headlines
about
Category: United States Owned Structured Annuity
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A qualified assignment is an assignment of obligation to make future periodic payments which satisfies the requirements of Internal Revenue Code (IRC) §130. The periodic payments must be damages payable by the defendant,its liability insurer, or a QSF and excludable under §104(a)(1) or (2)
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While the terms “guaranteed” and “certain” are often used synonymously by those holding an insurance license, including some settlement planners and structured settlement brokers and even lawyers, such use is inaccurate and can lead to misinterpretation and/or misunderstanding by Payees.
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Any annuity broker being considered for selection by the DOJ should be required to verify at the time of selection that he or she meets the minimum qualifications set forth in 28 C.F.R. §50.24(a) and is otherwise competent to provide structured settlement brokerage services to the United States.
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In “The Wonderful World of Structured Settlements”, I see streams of green, lump sums too; tax-free payments for you, you and you; and I think to myself, what a wonderful world, ohhh yeah. “Streams of Green”, as in customized payment streams of money from a structured settlement,
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In a January 7, 2021 decision in JENNIFER LANCLOS, Plaintiff, v THE UNITED STATES, Defendant. 15-358C, the court ruled in favor of the United States and the result is that the US doesn’t have to make up the annuity shortfall arising out of the Executive Life of NY insolvency and liquidation.
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Joe Gargan, CEO of The Pension Company, pled guilty to embezzling $8 million meant for annuities funding minor settlements. This criminal act not only raised concerns among clients but also imposed additional costs on taxpayers. The case highlighted the need for escrow and proper safeguards to prevent similar fraudulent activity in structured settlements.
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The USDOJ Memorandum states that any broker being considered for selection should be required to verify at the time of selection that he or she meets the minimum qualifications set forth in 28 C.F.R. § 50.24(a).
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Payees have sued the USA over ELNY shortfalls and failed. The United States Court of Appeals for the Federal Circuit in Langkamp case focuses on the settlement agreement. The USA’s commitment was inherent in the language of the agreement, the opinion by Judge Haldane Robert Mayer said.
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Courts do not establish structured settlements, and such arrangements do not require court approval to avoid taxes. Tax exemptions under the IRC apply to various damages related to personal injuries, including workmen’s compensation and wrongful incarceration. Approval is necessary in cases involving minors, incompetents, or wrongful death settlements.
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By all accounts, 2018 was the best production year for the structured settlement industry primary market for a decade. Here are the highlights.