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Paul Huber, a
Delta Group of settlement companies settlement annuity broker in Orange
County California was recently contacted by a plaintiff attorney to
determine if his paraplegic client could obtain a structured settlement for
her claim against several defendants. There were four other claimants and
multiple defendants involved in the serious automobile accident.
Unfortunately, by the time the Delta Group was contacted, some of the
defendants had already interpled their policy limits into the registry of
the court -- causing concern about the ability of the defendants to enter
into a Qualified Assignment for the purpose of offering a structured
settlement. Two of the defendants had structured settlement brokers who had
advised their clients of the possible adverse tax ramifications of a
structured settlement from a court registry in California.
Faced with a difficult situation, Huber contacted Delta Groups tax counsel,
David Higgins of the Settlement Law Group in Los Angeles (www.settlementlaw.com).
Higgins is the author of IRC 121 which was lobbied through congress in 1984
for IBAR Settlement Companies --a Delta group settlement annuity producer in
Los Angeles -- to allow a Qualified Assignment of a settlement agreement
offering periodic payments by a defendant. Higgins is universally considered
the industries foremost authority on structured settlement tax law.
Higgins confirmed the defendants concern about some of the monies having
already been interpled into the court. After some research, he determine
that the court could order the funds already interpled to be re-characterized
as a
Qualified Settlement Fund under (QSF) IRC 468B. The court so ordered
and a QSF was established. Once established, and after the remaining
defendants had settled with the QSF, the QSF was able to enter into a
structured settlement with his client. In addition, Huber's client also was
able to structure a portion of his fees.
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Delta group worked with both of the defendants brokers on this case and all
three firms will share in the commissions generated on the sale of the
settlement annuities. Huber's persistence in finding a way for his client to
enjoy the benefits of a structured settlement and the cooperation of all of
the brokers working together was what provided a structured settlement for
this severely injured claimant. Paul Huber is a credit to his profession and
his actions again prove the social good of both sides in the litigation
process having a professional structured settlement representative.
Dave Snyder
President
Delta Group of Settlement Companies. |