Disability Law

S2KM Reviews Jeremy Babener's QSF Paper - 1

By Patrick Hindert

In prior blog posts, S2KM has:

• Re-prioritized the strategic issue of single-claimant qualified settlement funds (QSF);
• Summarized Jeremy Babener's QSF paper.

This blog post begins S2KM's review and analysis of Babener's QSF paper.

Why is Babener's QSF paper important?

• Strategic issues - Babener provides detailed analysis of strategic structured settlement issues In both his dissipation paper and QSF paper which require and deserve increased industry analysis.
• Independent perspective - Babener is a third year law student. He is independent from and "has no dog" in existing structured settlement political fights.
• Public policy orientation - Babener integrates structured settlement public policy with tax analysis. He elevates industry discussions to feature public policy.
• Comprehensive research - Babener's research builds upon and substantially advances historic structured settlement analysis. His research features a wide cross-section of interviews with structured settlement participants.

What issues does Babener address in his QSF paper?

• Single-claimant QSFs.
• Structured settlement public policy.
• Constructive receipt and economic benefit.
• Secured creditor status.
• Structured settlement transfers ("factoring").
• Defendant usurpation of the structured settlement tax subsidy.
• Defense strategies:
  • To capture the structured settlement tax subsidy;
  • To create single claimant QSF ambiguity.

What issues does Babener not address (or minimally address) in his QSF paper?

• Structured settlement public policy for non-tax government benefits:
  • Social security
  • Medicare
  • Medicaid
  • Veterans benefits
  • Section 8 housing
• State structured settlement legislation:
  • Protection statutes
  • Exemption statutes
  • UCC Article 9 assignments
  • Periodic Payment of Judgments statutes
• The impact of health care reform on structured settlements.

Full post as published by Beyond Structured Settlements on September 22, 2009 (boomark / email).