Not All Structured Settlements Can Be Transferred
Article 2.3 Transfers of Structured Settlement Payment Rights
Not all Structured Settlements Can Be Transferred: Find Out if Yours Can
There are a variety of Federal and State laws that could make your structured settlement exempt from being transferred under Structured Settlement Protection Law. It all depends on the nature of the underlying settlement.
For example, U.S Bankruptcy Code Section 522(d)(11) “The debtor’s right to receive…”, the Federal Employees’ Compensation Act, 5 U.S.C. Section 8130 “The United States shall furnish to an employee who is injured while in the performance of duty…”.
Plus, state workers compensation laws could be exempt, depending on your state, and some insurance laws depending on your state.
Have further questions about the nature of your underlying settlement? Call an independent professional adviser today and find out if you qualify for a transfer of structured settlement payment rights in your state.
Some information gleaned from “Transfers of Structured Settlement Payment Rights, What Judges Should Know About Structured Settlement Protection Acts”, Hindert and Ulman Copyright 2005 American Bar Association