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Disability Law

Beyond Structured Settlements Beyond Structured Settlements

This blawg is written for the structured settlement and personal injury communities of practice including attorneys, judges, and consultants.

Post Frequency: 1.2/day

Last Entry: March 30, 2011 at 13:44:38

Recent Entries: 188

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Fresno County Factoring Cases - 2

Posted on March 19, 2009
An earlier S2KM blog post (Fresno County Factoring Cases-1) summarized two recent decisions (Tomahawk and Ramos) by a California Appellate Court. In those decisions, the Appellate Court reversed earlier decisions against 321 Henderson Receivables, a J...


Fresno County Factoring Cases - 1

Posted on March 18, 2009
The California Fifth Appellate District Court of Appeal has reversed highly publicized decisions by two Superior Court judges in Fresno County, California involving 321 Henderson Receivables, an affiliate of J.G. Wentworth, and the California Structured Settlement Transfer Act (SSTA)...


Structured Settlements and Government Benefits - 1

Posted on March 16, 2009
One of the challenges for growing the structured settlement market is to successfully integrate existing structured settlement laws and documentation with government benefits including Medicare and Medicaid. Unlike more divisive (but equally important) issues impacting industry growth, such as IRC...


All State v. Rapid Settlements

Posted on March 10, 2009
Less than one month after the Second Circuit Court of Appeals rejected Rapid Settlements' claim that the Federal Arbitration Act supersedes the New York Structured Settlement Protection Act in Pacific Life v. Rapid Settlements, the Third Circuit has reached a...


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ASNP 2009 Annual Meeting

Posted on March 08, 2009
The Academy of Special Needs Planners (ASNP) hosted its Third Annual Meeting March 6-7, 2009 at the Rancho Bernardo Inn in San Diego, California. Titled "Special Needs Planning in an Era of Change", the program devoted one day of educational...


Settlement Consulting - 4

Posted on February 26, 2009
This post continues S2KM analysis and commentary about "settlement consulting" as an alternative business model for structured settlements introduced by Joseph DiGangi at the NSSTA 2009 Winter Meeting. DiGangi characterized structured settlements as a fundamental settlement consulting product and featured...


Settlement Consulting - 3

Posted on February 24, 2009
In prior posts about settlement consulting, S2KM: Reviewed Joseph DiGangi's discussion at the NSSTA 2009 Winter Meeting titled: "Comprehensive Settlement Consulting in the 21st Century". See: "Settlement Consulting". Continued DiGangi's discussion by asking questions and offering comments about "settlement consulting"...


Settlement Consulting - 2

Posted on February 23, 2009
In a prior post ("Settlement Consulting"), S2KM reviewed Joseph DiGangi's NSSTA 2009 Winter Meeting discussion titled: "Comprehensive Settlement Consulting in the 21st Century" which S2KM characterized as "provocative" and "important" for the structured settlement industry...


Settlement Consulting

Posted on February 22, 2009
Among other valuable discussions at the NSSTA 2009 Winter Meeting, Joseph DiGangi's presentation titled "Comprehensive Settlement Consulting in the 21st Century" was the most provocative and important. DiGangi's presentation was enhanced by his excellent visual illustrations and diagrams...


Robert Wood QSF Interview

Posted on February 18, 2009
Robert W. Wood has written a new legal treatise "Qualified Settlement Funds and Section 468B" published by the Tax Institute and available for purchase on the Tax Institute website. Following S2KM's earlier review of Wood's book, the noted author and...


IRC 468B and 5891

Posted on February 12, 2009
Both IRC 468B and 5891 challenge and change the traditional structured settlement claim management model. To improve and grow structured settlements as part of the emerging settlement planning model, industry leaders must refocus their strategic analysis beyond defense of IRC...


Pacific Life v. Rapid Settlements

Posted on February 11, 2009
The Second Circuit Court of Appeals yesterday rejected Rapid Settlement's claim that the Federal Arbitration Act supersedes the New York Structured Settlement Protection Act. In the case titled "Pacific Life Insurance Company v. Rapid Settlements, Ltd...


Robert Wood and 468B Funds

Posted on February 08, 2009
Robert W. Wood has written an important new legal treatise titled "Qualified Settlement Fund and Section 468B" published by the Tax Institute and available for purchase on the Tax Institute website. Professionals who work with QSFs will immediately recognize the...


Settlement Trust Due Diligence

Posted on February 04, 2009
One of the strategic developments that distinguishes the settlement planning structured settlement business model from the claim management model is the interaction of annuities (insurance products) with trusts and custodial accounts (banking products)...


NSSTA 2009 Winter Meeting

Posted on January 31, 2009
"Protect the business model and prepare for the future" was the unstated theme as the National Structured Settlement Trade Association (NSSTA) hosted its 2009 Winter Meeting in Orlando, Florida January 28-30. From NSSTA's perspective, the structured settlement model depends upon:...


Structured Settlement Credo - 5

Posted on January 22, 2009
S2KM's continuing commentary about traditional structured settlement credo. In prior blog posts, S2KM identified traditional structured settlement credo and highlighted its importance. S2KM disagrees with fundamental aspects of traditional (claim management) structured settlement dogma and predicts its demise and/or evolution...


Structured Settlement Credo - 4

Posted on January 21, 2009
Continuing S2KM commentary about structured settlement credo. What impact, if any, will President Obama's national call for change and his repudiation of ideological certainties have upon the traditional (claim management) structured settlement industry? As new structured settlement leaders emerge and...


Structured Settlement Credo - 3

Posted on January 18, 2009
S2KM's continuing summary and commentary about the credo of the traditional structured settlement industry. Good People and Bad People - We (the traditional structured settlement industry) believe the structured settlement world consists of Good People and Bad People...


Structured Settlement Credo - 2

Posted on January 15, 2009
If the structured settlement industry is "transitioning", what exactly is changing and why? Causes of industry transition: Internet technologies - their impact on business models, strategies and skill set requirements. Legislation and regulations - the secondary market; Medicare; Medicaid; and...


Structured Settlement Credo - 1

Posted on January 14, 2009
What is the structured settlement credo? Who defines the structured settlement credo? What forums, communities and networks discuss the structured settlement credo?


Structured Settlements in 2009 - 1

Posted on January 12, 2009
S2KM's first reporting and analysis for the structured settlement industry in 2009. Prior S2KM analysis The Future of Structured Settlements Structured Settlement Transaction Diagram Knowledge Management and Structured Settlements Structured Settlements in 2008 Part 1 - Historic Context Part 2...


Structured Settlements in 2008 - 3

Posted on December 28, 2008
This S2KM blog post, the third of three analyzing structured settlements in 2008, highlights the challenges facing the structured settlement industry as it enters 2009. Two prior S2KM blog posts evaluated 2008 from an historical perspective (Structured Settlements in 2008...


J.G. Wentworth - 2

Posted on December 23, 2008
This S2KM blog post continues S2KM's reporting (see: J.G. Wentworth - 1) about J.G. Wentworth's financial status. J.G. Wentworth Securitization - J.G. Wentworth issued the following news release on December 23, 2008: "Specialty finance company J.G. Wentworth today announced the...


Structured Settlements in 2008 - 2

Posted on December 22, 2008
This S2KM blog post, the second of three analyzing structured settlements in 2008, summarizes conferences S2KM attended throughout the year. A prior post evaluated 2008 from an historical structured settlement perspective. A subsequent post will discuss challenges facing the structured...


Structured Settlements in 2008 - 1

Posted on December 22, 2008
This S2KM blog post, the first of three summarizing structured settlements in 2008, evaluates the year from an historical perspective. Two subsequent posts will: Summarize 2008 conferences attended by S2KM; Highlight challenges facing the industry in 2009...


J.G. Wentworth - 1

Posted on December 06, 2008
J.G. Wentworth, the leading structured settlement factoring company, has been featured in news reports and announcements this past week. Article posted November 28, 2008 by Joseph N. Distefano on the philly.com website: "Standard & Poor's cut counterparty and senior-secured bank...


J.G. Wentworth Survey - 5

Posted on December 01, 2008
Four prior S2KM blog posts: Introduced the J.G. Wentworth (JGW) 2008 structured settlement survey; Summarized other related and recent structured settlement reports and surveys; and Identified the nine (9) JGW survey questions JGW has given S2KM permission to publish...


J.G. Wentworth Survey - 4

Posted on November 30, 2008
Three prior S2KM blog posts: Introduced the J.G. Wentworth (JGW) 2008 structured settlement survey; Summarized other related and recent structured settlement reports and surveys; and Identified the nine (9) JGW survey questions JGW has given S2KM permission to publish...


J.G. Wentworth Survey - 3

Posted on November 28, 2008
Two prior S2KM blog posts: Introduced the J.G. Wentworth (JGW) 2008 structured settlement survey; and Summarized other related and recent structured settlement reports and surveys. This S2KM blog post publishes the nine (9) JGW survey questions JGW has given S2KM...


Structured Settlement Surveys

Posted on November 23, 2008
A prior S2KM blog post (J.G. Wentworth Structured Settlement Survey) introduces the J.G. Wentworth structured settlement survey and highlights other market reports and surveys important for "Growing the Structured Settlement Market". These prior reports and surveys include: Market analysis by...


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