Judge: Layne H. Melzer, Case: 2022-01255334, Date: 2022-08-25 Tentative Ruling

Petitioner Peachtree Settlement Funding, LLC
Motion - Other (For Approval for Transfer of Payment Rights)

Petitioner Peachtree Settlement Funding, LLC (“Petitioner”) seeks an order approving the transfer of certain structured settlement payment rights from Connie Delaney (“Payee”) to Petitioner. 

Petitioner showed the Petition, First Amended Petition, Second Amended Exhibit A, Supplemental Declaration, and Notice of Continuance were properly served on all interested parties. 

Payee intends to transfer the following payments in exchange for $35,580.22: 

-129 payments of $500 each, beginning on 7/1/2022 and ending on 3/1/2033.

Although the proposed transfer would otherwise impermissibly split payments contrary to Insurance Code section 10139.3, subdivision (e), the annuity issuer and structured settlement obligor were provided with proper notice of the proposed transfer and petition, and neither party objected to the proposed transfer.

After consideration of the pleadings and updated files in this matter, the Court finds that the subject transfer is fair and reasonable and in Payee’s best interest.  In making this finding, the Court has considered, among other factors, Payee’s financial situation, lack of dependents, ability to understand the transfer, that the settlement was not intended to pay for medical expenses, and that Payee waived independent professional advice regarding the transfer. (Ins. Code § 10139.5(a)-(d).) Further, Petitioner has substantially complied with all statutory requirements, including notice and the requisite disclosures. 

Petitioner’s unopposed motion is granted. 

Petitioner shall give notice.