Unstructured Settlement

Me'Lisa Delaney, 43, is brain-injured as a result of a 1984 medical error that caused a stroke during surgery. The hospital agreed to settle via a structured settlement, as overseen by a county conservatorship.

Delaney soon married Terry, who took over the conservatorship of the settlement and proceeded to make loans against the settlement, which equaled about $350,000. It wasn't long before all the money was gone. According to the civil complaint filed by Me'Lisa, Terry had used the loan money to purchase "controlled substances, illegal drugs, jewelry, liquor and other non-business items." Of course Delaney is suing for 10 million in punitive damages.

A lot of time energy, and effort was put into structuring a settlement in the best interest of Me'Lisa and it was too easily undone. Should we consider making settlements "unstructurable"? There is some concern that "factoring" or "cash out" companies take advantage of customers, taking a large portion of the settlement in exchange for a significantly smaller lump sum.

In Me'Lisa's case it makes sense to put in place more safeguards to protect her rights and interests in her settlement, specifically because she is brain injured. We should look to protect minors, senior citizens, and mentally impaired or injured settlement winners. Everyone else has access to resources and information to help them make the best choices and should be entitled to choose whatever they wish. I personally know of cases where cashing out was life saving, dream fulfilling, and absolutely a positive choice. I am also personally aware of situations where customers have cashed out their settlements and it was absolutely a bad decision. Unstructuring a settlement seems to be a great American Freedom, but it doesn't have to be as morally insipid as what happened in the Delaney case.

Jason Rigler
"Settlement Advocate" and consultant for Prosperity Partners Customer Service Department.

In The News:

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Lawsuit Alleges MetLife Mistake Helped a Woman Keep Settlement Money From Her Daughter  Wall Street JournalA lawsuit related to medical malpractice is the latest example of an unexpected problem popping up at MetLife from decades-old business.
ASTA FUNDING INC files 10-Q  Invest TribuneASTA FUNDING INC revealed 10-Q form on Mon, May 13 accessible here.Note 1—Business and Basis of Presentation Business Asta Funding, Inc. ('Asta'), ...
Benefits of Using Structured Settlements in Claims Negotiations  ClaimsJournal.comAt zero expense to the carrier, tax-free, and tailored to fit the needs of the claimant, structured settlements are a powerful tool claims personnel can.
Maryland attorney general urges structured settlement reforms  Baltimore SunMaryland's attorney general urged lawmakers on Thursday to give his office the ability to regulate deals offered by businesses that buy legal settlements at steep ...
Some structured settlements may offer significant advantages  CBS NewsStructured settlements don't seem to be a good deal for investors, but their non-securitized counterparts might be.
Qualified Settlement Fund  Legal ExaminerQualified Settlement Funds are a great planning tool for the end of litigation.
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Asta Funding Inc. (ASFI) and Conduent Incorporated (NYSE:CNDT) Comparing side by side  The EN HeraldThis is therefore a contrasting of the risk, institutional ownership, analyst recommendations, profitability, dividends, earnings and valuation in Asta Funding Inc.
Undisclosed, lavish trips are creeping into the injury settlement business  Yahoo FinancePacific Life has been offering brokers structured settlement industry trips, which are not disclosed to clients. This is a potential conflict of interest.
Reviewing Asta Funding Inc. (ASFI)'s and RR Donnelley & Sons Company (NYSE:RRD)'s results  The EN HeraldAs Business Services companies, Asta Funding Inc. (NASDAQ:ASFI) and R.R. Donnelley & Sons Company (NYSE:RRD) are our subject to contrast. And more ...
Judge denies payout in PSU victim's case | National and World  Daily Local NewsWEST CHESTER >> A request to transfer the assets of a multi-million-dollar structured personal injury settlement held by a victim in the Penn State sexual abuse ...
When a Qualified Settlement Fund is the Solution You Need  Legal ExaminerA qualified settlement fund (QSF) is a fund, account, or trust that holds settlement proceeds. A QSF is a settlement escrow that allows for proper settlement ...
The flawed system that allows companies to make millions off the injured  Washington PostFirms make tens of millions off some of the state's most vulnerable residents who at times exchange lifetimes' worth of income for pennies on the dollar.
Pension Broker Settles with CFPB  The National Law ReviewCFPB has announced a settlement agreement with pension broker, Mr. Corbett, alleging for his alleged lump sum payment received for helping veterans set up ...
Trump Tax Law Hurts Personal Injury Suit Settlements  Forbes NowTrump's tax law adds taxes to some personal injury case proceeds, so be careful of the new rules.
Independent Insurance Group Announces Launch  PR NewswireDALLAS, April 30, 2018 /PRNewswire/ -- Company officials today announced the launch of the Independent family of companies including subsidiary affiliates ...
Think Twice Before Selling a Settlement  NerdWalletIf you're getting regular payments from an annuity or other structured agreement, "factors" may offer to buy it. Think twice before selling a settlement.
Congress' duty to investigate structured settlement fraud  The HillCongress' good intention with these structured settlements has devolved into a system of deception and financial swindling.
Rising Capital Associates Announces 'Structured Settlements' Scholarship  PR NewswireDELRAY BEACH, Fla., Dec. 1, 2016 /PRNewswire/ -- Rising Capital Associates, a leading structured settlement purchaser and annuity buyer, is giving a $1000...
Law Firm Firm Accused of Faking Structured Settlement Approvals  Insurance JournalStone Street Capital LLC sued a Manhattan law firm it retained to seek court approvals for structured settlements, claiming the firm gave them 76 fake.
The Truth About Credit Card Debt Settlement  U.S. News & World ReportWhen you're struggling with credit card debt, a debt settlement may not be your best option.
Deferring Income as a Trial Lawyer with Structured Attorney Fees  Legal ExaminerEvery day, we at Milestone Consulting have an opportunity to elaborate on the concept of deferred income or structured attorney fees with lawyers, professional ...
Assured Guaranty Joins PREPA Restructuring Support Agreement  Associated PressPress release *content* from Business Wire. The AP news staff was not involved in its creation.
Hedge Fund's Route to 30% Fees: Cash Advances to Hip-Hop Artists  BloombergQuint(Bloomberg) -- Stephen Marley comes from music royalty. Sean Garrett has written and produced smash hits for Beyoncé, Usher and Ciara.
New Appeals Clarify Interplay Between Collateral Benefits and Damages Awards in MVA Claims  LexologyOn December 4, 2018, the Ontario Court of Appeal released its reasons for decision in the companion appeals Carroll v. McEwen (Carroll) and Cadieux v…
Comparison of Quad/Graphics Inc. (QUAD) and Asta Funding Inc. (NASDAQ:ASFI)  The EN HeraldAs Business Services businesses, Quad/Graphics Inc. (NYSE:QUAD) and Asta Funding Inc. (NASDAQ:ASFI), are affected by contrast. This especially applies to ...
Structured settlements can last a lifetime - Buffalo  Buffalo Business FirstWhen a personal injury case settles or a verdict is reached, the resulting award to the plaintiff is tax-free. If placed into a structured settlement, which is similar to ...
Pension Company Adds Leading Structured Settlement Brokers, Builds West Coast Operations  GlobeNewswireKING OF PRUSSIA, Pa., June 3, 2015 (GLOBE NEWSWIRE) -- via PRWEB - The Pension Company (TPC) today announced that two structured settlement ...
What is a Non-Qualified Assignment?  Legal ExaminerA non-qualified assignment (NQA) is an assignment of an obligation to pay money in the future — a structured plan — in cases that do not involve bodily injury.
Comparison of WEX Inc. (WEX) and Asta Funding Inc. (NASDAQ:ASFI)  The EN HeraldAs Business Services businesses, WEX Inc. (NYSE:WEX) and Asta Funding Inc. (NASDAQ:ASFI), are affected by contrast. This especially applies to their analyst ...
EPS Settlements Group rebranded as Arcadia  PR NewswireDENVER, June 26, 2017 /PRNewswire/ -- EPS Settlements Group announced today the company's refreshed brand, including its new name – Arcadia – and ...
Geoffrey P. Kissel Installed as the New President at NSSTA  PR.comThe National Structured Trade Association announces New President, Geoffrey P. Kissel and New President-Elect Michelle Caine. Two new Board Members, ...
JG Wentworth markets $140.5M structured settlement ABS  Asset Securitization ReportJ.G. Wentworth is sponsoring its second securitization of the year in a $140.5 million bond sale backed by receivables from term structured-settlement ...
Workers' Comp Structured Settlements Beneficial in Medicare Set Asides  ClaimsJournal.comStructured settlements can be beneficial in resolving workers' compensation claims involving Medicare Set Asides (MSAs), according to industry experts.

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