Motion to Transfer in Peachtree Settlement Funding, Llc v. Michael Lanahan, Metlife Tower Resources Group, Inc., Metropolitan Life Insurance Company| Trellis.Law

On November 04, 2022 a Exhibit,Appendix was filed involving a dispute between Peachtree Settlement Funding, Llc, and Metlife Tower Resources Group, Inc., Metropolitan Life Insurance Company, Michael Lanahan, for Special Proceedings - Other (transfer- structured sett) in the District Court of Albany County.

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FILED: ALBANY COUNTY CLERK 11/04/2022 01:26 PM INDEX NO. 908361-22
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 11/04/2022

EXHIBIT D
FILED: ALBANY COUNTY CLERK 11/04/2022 01:26 PM INDEX NO. 908361-22
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 11/04/2022

AccountID: 642769

Peachtree

PURCHASE CONTRACT
(NEW YORK LIFE CONTINGENT)

This is a PurchaseContract ("Contract")forthe sale ofstructured settlementpayments between

Michael Lanahan (You, Your), and Peachtree Settlement Funding, LLC (We, Us, Our)

3993 Howard Hughes Parkway, Suite204, Las Vegas, NV 89169-6754

GENERAL INFORMATION

A. In connection with the resolution
of a personalinjuryclaim,You or someone actingfor You, signed a Settlement
Agreement that entitles
You to receive certainfuturepayments ("Settlement Payments"), according to a setschedule.

B. Those Settlement Payments are being paidto You from an annuity policy("AnnuityPolicy")purchased by the Person
responsibleformaking the Settlement Payments to You ("Obligor").

C. Rather than wait forthe Settlement Payments to be made toYou in thefuture,You want tosellallorsome of those
Settlement Payments ("Purchased Payments") to Us now for a lump sum.

D. For additional definitions, see Section 3 of thisContract.

You and We agree as follows:

1. SALE OF THE PURCHASED PAYMENTS

A. Upon thesigning of thisContractand subject to certainconditionsincludingCourt Approval, You sell,transfer
and
assign toUs the rightto receivethe Purchased Payments identified
specifically in theDisclosureStatement.

B. We willpay You the Net Purchase Priceas agreed to in theContract Documents, subjectto certainconditions,
includingmeeting Our underwriting requirements,Court Approval and satisfactorycompletion ofthe Closing
Documents. We willdo thisin exchange forYou:

" sellingthe Purchased Payments to Us;

" changing the beneficiaryofthe Annuity Policyto Your estate and not changing itagain untilWe have been
paid allofthe Purchased Payments;

" having any currentbeneficiarieswaive theirrightstothe Purchased Payments; and

" Your
fulfilling promises under thisContract.

C. IfWe are buying only a portionof Your payments, thiswillhave no effectupon Your rightsin theunsold portion.You
willcontinueto receive the unsoldportion unlessYou have already sold orencumbered that portion. However,
sometimes the Issuer,the Obligoror thecourt may requireUs to receivethe entireamount ofYour payment. Ifso,

PWe 1
08/16/11NY © 2011 Peachtree Settlernent
Fundino,LLC
FILED: ALBANY COUNTY CLERK 11/04/2022 01:26 PM INDEX NO. 908361-22
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 11/04/2022

AccountID: 642769

Peachtree
nooncioisouione

We will
then forward the portionofthe payment still
due to You and You hereby agree tothispayment servicing
arrangement.

2. PURCHASE PRICE

A. The Gross and Net Purchase Pricesare shown on the DisclosureStatement and are fairand acceptableto You and Us.

B. We willpay You the Net Purchase Pricein themanner You designate forUs.

C. Before we pay You, You agree thatWe willadjust forthe followingamounts, if applicable:

" Purchased Payments Owed to Us - The Issuer have paid You some of the
may already
Purchased Payments before We have paid You for them. Ifthat happens, We willdeduct the
amount of those Purchased Payments.

" Holdbacks - Due to possible delays in the Issuer to make the Purchased Payments to
beginning
Us instead of You, We will hold back an amount equal to any Purchased Payments that the
Issuer owes Us post Court Approval, that are due within 90 days of the Funding Date. If We

subsequently receive those particular Purchased Payments directly,We will return the amount
of any related holdback to You.

" Payment of Debts Owed - If You owe past due child payoffs or
any support, bankruptcy taxes,
or have any judgments or liensagainst You or Your assets, We may pay those amounts and
deduct them from the amount We pay You, and You hemby provide Us with specificauthority to
take such action. We willprovide You with notice of the amounts that We are going to pay,
prior to actual payment.

D. Ifany Purchased Payments are mistakenly sent toYou afterWe have paidYou forthem, You willimmediately contact
Us. IfWe then determine that any deductions or holdbacksas setforth above are not enough to reimburse Us, We
willadvise You ofthe amount You owe Us. You agree to immediately send that amount to Us by bank or certified
check.

3. DEFINED WORDS

Certainwords used in thisContracthave the specificmeanings shown below.

Affiliate
An entitycontrolledby, or
controlling, under common controlwith,another entity.

Annuity Policy
The policypurchased by the Obligorto ensure thatthe Settlement Payments are made toYou as requiredby the
Settlement Agreement.

Closing Documents

Any documents necessary to carry outthe purchase of thePurchased Payments, other than the"Contract or Contract
Documents"
as defined below.

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08/16/11NY © 2011 Peachtree Settlement
Funding,LLC
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NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 11/04/2022

AccountID: 642769

DPeCIchtree

Contract or Contract Documents
Collectively,
only thisContractand the Disclosure Statement.

Contract Date
The date Your signature at theend ofthisContract is notarized.However, if Youhappen to signthisContract before the
number of days statedat theend ofYour Disclosure Statement forwaiting has passed, You willhave no obligationunder
Your Contract untilthattime has passed.

Court Order
A legallybindingrulingissued by a judge or properlyempowered administrativeofficer,
approving the saleof the
Purchased Payments to Us ("Court Approval").

Disclosure Statement
The document which identifies
forYou, the Purchased Payments, expenses, Purchase Priceand various other disclosures.

Encumbrance

Any claim,right,lien,policyloan,or restriction.
In addition,thisincludes any limitson rightsofownership (such as the

use, voting,transfer,receiptof income,etc.).

Funding Date
The date We pay You the Net Purchase Price.

Issuer
The insurance company that issuedthe Annuity Policy.

Life Insurance Policy
The PolicyWe (as defined in thissection below, including successors, assigns and designees) may purchase to
ensure that We recover the value of any Life Contingent Purchased Payments, should You die before We receive
them.

Mortality Adjustment
The totalcost of the Life Insurance Policy,ifany.

Obligor
The Person who is obligatedto make payments to You under the Settlement Agreement.

Party
One ofYou or Us. Partiesmeans both You and Us.

Person

Any natural person or legalentity.

Purchased Payments

Only those certainpayments that We are purchasing from You under thisContract.Some of the Purchased Payments
may be conditioned upon You stillbeing alive atthe time those Purchased Payments are made to Us. If so,
Contingent."
those Purchased Payments are referred to as "Life

08/16/11NY © 2011 Peachtree Settlement
Funding,LLC
FILED: ALBANY COUNTY CLERK 11/04/2022 01:26 PM INDEX NO. 908361-22
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 11/04/2022

AccountID: 642769

Peachtree

Purchase Price:

Gross Purchase Price
(You)"
The amount shown as the "grossamount payable to theseller on the DisclosureStatement. This is the
sum We have agreed to pay You befoe any deductions as setforth
in theContract Documents.

Net Purchase Price
(You)"
The amount shown as the "netamount payable to theseller on the DisclosureStatement. This is the
sum
We have agreed to pay You a/te any deductions as setforth inthe ContractDocuments.

Settlement Agreement
The agreement thatYou and the Obligor signed toresolve Your personal injuryclaim.

Settlement Payments
All ofthepayments that theObligor has agreed to make to You in theSettlement Agreement.

We, Our, or Us
Peachtree Settlement Funding, LLC, along withany of itssuccessors, assigns,and designees. Some of theContract
Documents or ClosingDocuments may referto Us as thepurchaser.

You or Your
The Person named on thisContract'sfirst
page. Some of the Contract Documents or ClosingDocuments may refertoYou as
the seller.

4. YOUR REPRESENTATIONS AND WARRANTIES

You represent and warrant to Us the following:

A. You undesstand that THIS IS A SALE AND NOT A LOAN.

B. The Annuity Policyis in full
force,You are the soleand undisputed recipient
ofthe rightto the Purchased Payments,
have the rightto sell
them free and clearofany Encumbrances and have not previouslysold any ofthe Purchased
Payments to any other Person.

C. You understand that CourtApproval for
is required this purchase; and You agree to fullycooperatewith Us toobtain
that approval.

D. You gave Us allrequested information and signed alldocuments necessary to completethe purchase. Every
statement made by You in theContract Documents and Closing Documents is trueand complete.

E. No law, divorce decree or otherlegalobstacle:

" requiresYou to keep the Purchased Payments forthe benefitof a currentor former spouse, dependent
children,or otherperson; or

" legallyprevents You from with
contracting Us, the
selling Purchased Payments or changing the Annuity
Policy'sbeneficiary.

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08/16/11NY © 2011 Peachtree Settlement
Funding,[LC
FILED: ALBANY COUNTY CLERK 11/04/2022 01:26 PM INDEX NO. 908361-22
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 11/04/2022

AccountID: 642769

Peachtree

F. Either:

" You have never filed
for bankruptcy, will
not do so before the Funding Date and there are no lawsuitsor
effortsby any of Your creditorstoput You into bankruptcy or takeany of the Purchased Payments; or

" IfYou filedfor bankruptcy,the Purchased Payments were not subject to theclaims ofYour creditors.
You will
give Us a copy ofany of Your bankruptcy documents thatWe request includingevidence of a final
bankruptcy payoff or case if any.
closing,

G. We can relyon Your representations,warranties, and promises in this
Contract. These representations,warranties,
and promises are forOur benefitand the benefitof any futureowners ofthe Purchased Payments. You understand
that Our relianceon any intentionalmisrepresentation by You may resultin Ourenforcing Our rightsagainst You in
court.

H. You had enough time to consider the saleof the Purchased Payments, understand the terms ofthe Contract
Documents and Closing Documents, are oflegalcontracting age and sound mind, not under the influenceof drugs or

alcohol,and freelyand voluntarily,enter intothisContractand agree to allofitsterms.

I. You were advised by Us to obtainindependent legaladvice and professionaltax adviceabout the sale ofthe
Purchased Payments and to have those advisorsreview the terms and legal,taxand other effectsofthis Contractwith
You priorto Your execution of thisContract.You have alsoexplored allappropriatefinancialoptionsbefore entering
intothistransaction.

J. We didnot provide tax,financial,or legaladviceto You about this Contractand have advised You that We may not
referYou to any specificattomey forsuch purpose.

K. IfYou are married, Your spouse understands allofthe terms and conditions of thisContractincluding,but notlimited
to thefact that,afterthe Funding Date, You (and Your spouse) willnot receivethe same amount of money on the
same payment schedule as You would have receivedunder the Annuity Policy.Your spouse has been provided with all
information relatingto thetransactionand has had every opportunity to review the termsofthe transaction and to
seek any advice relatingthereto.Your Spouse alsounderstands that he orshe willbe givingup any property or
contract rightsthathe or she may have in thePurchased Payments.

L. We may sell,transfer,or assignOur right
to the Purchased Payments and Our rightsin the LifeInsurance Policy
described in subsectionN below in a sale, or
securitization, otherfinancingtransaction (resale).Any resale would
involvedisclosingcertain informationabout You (including Your personal information)to thepartiesto a resale.

M. Any future owner of therightto the Purchased Payments willhave allofthe same rightsWe have, the
including right
to theduties You owe Us under thisContract. This includesthe righttomake a claim againstYou for violatingany of
the representations,warranties,or promises You made in thisContract.

Words"
N. You understand that as partofthis Contract,We (as definedin the"Defined section above, including
successors, assigns and designees) may purchase a LifeInsurance Policyon Your lifeinthe totalamount of the
LifeContingent Purchased Payments sold toUs and thatWe willbe the owner and beneficiary of the Life
Insurance Policy.You authorize Us, Our subsidiariesand affiliates
to obtaincertain medical information inorder
to purchase the LifeInsurance Policy.You agree to cooperate with Us in obtaining the LifeInsurance Policyand
understand that thistransaction may be contingent upon Us obtaining the LifeInsurance Policy. IfWe attempt
to purchase a LifeInsurance Policyon Your lifetoensure that We recover Our Life Contingent Purchased

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08/16/11NY © 2011 Peachtree Settlement
Funding,LLC
FILED: ALBANY COUNTY CLERK 11/04/2022 01:26 PM INDEX NO. 908361-22
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 11/04/2022

AccountID: 642769

Peachtree

Payments, and We are unable to obtain that LifeInsurance Policyat all,orWe are unable to obtain itat an
amount substantially close tothat shown on the Disclosure Statement as the MortalityAdjustment, We may
cancel thistransaction at any time. IfWe cancel thistransaction after entry of a CourtOrder, You willcooperate
inthe withdrawing or vacating of the CourtOrder. We may unilaterallywaive thisprovision at any time.

5. YOUR PROMISES TO US

Before and after the Funding Date:

A. You willtellus rightaway if Youraddress or telephone number changes and do everything necessary,including
completing and signing alldocuments to:

" sellthe righttothe Purchased Payments to Us;

" change the beneficiaryas required by thisContract;

" correctany documentation errors in theContractDocuments or ClosingDocuments.

" assistUs in obtainingand maintaining the LifeInsurance Policy.

B. You willalso Us if any
tell of thefollowing occurs:

" a violation
ofthis Contract; or

" anything that couldnegatively affectthe AnnuityPolicy,thePurchased Payments, the LifeInsurance Policyor
thisContract.

C. You willnot:

" agree to sell
the Purchased Payments to any Person otherthan Us;

" change theAnnuity Policy's
beneficiaryto any Person otherthan Your estate untilWe have collectedallof
the Purchased Payments; or

" withdraw cash from, borrow against,or change the Annuity Policy.

D. You willgive Us information necessary to update Your representations,warranties,and promises in this
Contract. You
willalsoupdate any documents and information so they willbe trueand complete on the Funding Date.

E. We are now, and willcontinue in thefuture,to relyon the representationsand warranties You have givenUs. We will
confirm the accuracy ofYour representationsand warranties. You must cooperatewith thisconfirmation and provide
complete access to any informationWe believenecessary.

F. You agree that updating representations,warranties, promises, documents and other informationwillnot curea
breach of any representation or warrantymade by You that was not trueand complete.

G. You agree that Our obligationtoYou under thisContract is strictly
limitedto therequirement to pay You what We owe
You under theterms of thisContract, afterreceiptand approval ofthe Closing Documents, finalunderwritingapproval
and Court Approval. Under no circumstanceswillWe be for
liable any consequential damages.

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08/16/11NY © 2011 Peachtree Settlement
Funding,LLC
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NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 11/04/2022

AccountID: 642769

DPeachtree

H. You agree to cooperate with Us atany timeto establishthe LifeInsurance Policy.You willnotbe requiredto pay any
LifeInsurance Policycosts other than thoseshown on the DisclosureStatement as theMortalityAdjustment. You also
agree that You at
will, Your own expense, on a quarterlybasis,during the periodthatthe LifeContingent Purchased
Payments are outstanding,execute and notarizethe forms We have provided toconfirm You are still
alive.
You
understand that the Annuity Company Issuer requiresthisin orderto pay Us the LifeContingent Purchased Payments
and that You willbe inDefault under thisContract if Youfall
to do so.

I. You hereby appointUs and any of Our designees, with full
power ofsubstitutionas your Attorney in Fact,toact in
Your name and place forthe purpose of assigningand transferringownership of any and all and
title
right, interest
thatYou have in thePurchased Payments and for Us toobtainallbenefitscontemplated by thistransaction. You also
give Us full
authorityto actin any way proper and necessary to exercisethisAttorney inFact appointment including,
but not limitedto:(1) negotiating,endorsing and executing checks,drafts and other instrumentsin Yourname; and

(2) instituting,
maintaining, compromising, and
settling terminating any litigation
or otherproceedings relatedto the
Purchased Payments. This power of attomey is coupledwith an interest
and shallsurvive death or disability.

6. CANCELLATION BY US

We may cancelthisContract before the Funding Date if:

A. You breach any representation,warranty, or promise in anyContract Documents or ClosingDocuments.

B. The petitionforthe Court Order is contested,opposed, or notapproved.

C. We are sued orthreatened with a lawsuit
about thisContract or theAnnuity Policy,or theLifeInsurance Policy,if any.

D. There is anythreatened, pending, or final
action, or change inlaw or rulechallengingthe legalityof,or negatively
affectingthistransaction.

E. You filefor,orare forced intobankruptcy.

F. You die.

G. Finalapproval has not been given by Our underwriting department.

H. The Purchase Contract is notsignedby You and received back by Us by December 14, 2022.

I. A major rating agency downgrades the Issuer'screditrating.

1 The Issuer is,orbecomes or
insolvent, under regulatory supervision.

K. Ifapplicable, We are unable to obtain the LifeInsurance Policyat or
all, are unable to obtainitat an amount

substantiallyclose tothe amount shown on the Disclosure Statement as the MortalityAdjustment.

7. CANCELLATION BY YOU

A. YOU MAY CANCEL THIS CONTRACT WITHOUT PENALTY OR FURTHER OBLIGATION AT ANY TIME WITHIN
FIVE (S) BUSINESS DAYS AFTER THE DATE YOU RECEIVE PAYMENT HEREUNDER FROM US. IN ORDER FOR
THE CANCELLATION TO BE EFFECTIVE, YOU MUST SEND A NOTICE POSTMARKED AT ANY TIME WITHIN

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08/16/11NY 2011 Peachtree Settlement
Fundinç , LLC
FILED: ALBANY COUNTY CLERK 11/04/2022 01:26 PM INDEX NO. 908361-22
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 11/04/2022

AccountID: 642769

DPeachtree
1 manca soluuons

FIVE BUSINESS DAYS AFTER YOU RECEIVE PAYMENT HEREUNDER FROM US (This isthe rescission period).

B. YOUR NOTICE IS TO BE SENT EITHER BY CERTIFIED OR REGISTERED MAIL (RETURN RECEIPT REQ UESTED)
OR FEDEX OR ANOTHER MA30R OVERNIGHT DELIVERY SERVICE. THE NOTICE MUST INCLUDE A BANK OR
CERTIFIED CHECK MADE PAYABLE TO US, IN THE FULL AMOUNT RECEIVED BY YOU. YOUR NOTICE MUST BE
SENT TO:

Peachtree Settlement Funding, LLC
Attention: Manager of Operations
3993 Howard Hughes Parkway, Suite 204
#origination_company-citystate_zip#

8. NOTICES

A. Allnotices about thisContract must be in writing.

B. Allnotices must be sent eitherby: (1)certified
or registeredmail (returnreceiptrequested); or (2)FedEx or another
major overnight deliveryservice with a delivery
trackingsystem and are considered given when delivered as follows:
Ifto You: to themost recentaddress forYou in
listed Our files.Ifto Us:to the address listedinSection 7(B)of this
Contract.

9. EVENTS OF DEFAULT

You willbe in default ifYou:

A. fail
to comply with any terms or conditionsof this
Contract; or

B. breach any of Your representations,warranties and promises in this
Contract.

IfYou are in default,We have the rightto enforceOur rightsagainst You in courtto make You perform Your promises or toget
money from You.

10. MISCELLANEOUS

A. You give Us permission to conduct background checks on You, includingobtaining informationfrom the credit
bureaus, in orderto verifyYour legalresidence, contactinformation, and any other informationWe deem necessary
forthistransaction includingwithout records
limitation, relatedto Your drivinghistoryor any or
civil criminalcase in
which You have been involved. We can alsosearch recordsforUCC filings,bankruptcy filings,
judgments, liens,
prescriptionmedications and childsupport obligationsagainstYou.

B. This Contract is theentireagreement between You and Us.

C. Ifthere is more than one ofUs or You, thisContract appliesto allofthose people together, and to each ofthem on
theirown.

D. Both Parties must agree in writingto any change to thisContractor waiverof itsterms.

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NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 11/04/2022

AccountID: 642769

DPeachtree

E. Ifa court undoes any part ofthisContract, the restof theContract remains valid.

F. You cannot or
voluntarily sell,
involuntarily assign, ortransferthisContract, or any ofYour rightsor dutiesunder this
Contract.Any such action taken by You in violationofthis section
shallbe void and ofno effect.

G. Except as otherwise required by applicablelaw,the law of thestate ofYour domicile (where You regularlyresideon
the Contract Date) willgovern thisContract.The Partiesmust litigate
any dispute arisingunder the Contractin the
courtsof the stateof Your domicileand the Partiesagree to thejurisdictionof thatstate'scourts.

H. This Contractalso holdsresponsible Your heirs,and executors. This Contractbenefitsonly You and Us, and no one
else. However, ifproperlyassigned by Us, thisContractwillbind and benefitOur successors and assigns.

I. Failureto enforceany provision of thisContractis nota waiver ofthat provision.

J. The Parties may sign thisContract in one ormore counterparts.Each counterpart willbe considered an original.All
counterparts willform one Contract.A facsimile,pdf orother electroniccopy of thesigned Contract or any counterpart
willbe considered an originaland treatedas such in anycourt proceeding

K. We have investigatedthe proposed transferofthe Purchased Payments and, inlightof informationavailableto Us,
have identifiedno violationof any applicable
stateor federal law.

L. You willnot receivean IRS Form 1099 from Us.

M. Titlesand headings in thisContract are forconvenience only. Do not use them tointerpretthisContract.

N. Except as otherwise set forthin this
Contract,You and We willpay our respective costsand expenses in carryingout
thisContract.

0. You give Us permission to requestfrom our information
Affiliates and documentation You have previouslyprovided to
them which we deem necessaryforthistransaction, including,bankruptcy filings,
judgments, settlingdocuments,
annuity documents, liens,childsupportobligations,divorcedocuments.

P. It isa crime to make false or misleading statements to defraud an insurance company, including in a
transaction to obtain lifeinsurance. Penalties may include imprisonment, fines, denial of benefits and
civildamages.

[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]

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08/16/11 NY © 2011 Peachtree Settlernent
Funding,LLC
FILED: ALBANY COUNTY CLERK 11/04/2022 01:26 PM INDEX NO. 908361-22
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 11/04/2022

AccountID: 642769

Peachtree

You and We, intending to be legally bound, have signed this Contract as of the Contract Date below, and agree to all
of itsterms and conditions.

By signing below, You also acknowledge that You were advised by Us inwriting, that You should obtain
independent legaladvice and professional tax advice about the sale ofthe Purchased Payments and to have those
advisors review with You, the terms and legal,tax and other effects ofthis Contract.

1
Sworn to and subscribed SELLER:
before me this day of O Ct 20___2 -("Contract
Date")

No Michael Lanahan

Acknowledged and Agreed:

Sworn to and subscribed SELLER'S SPOUSE (ifapplicable)
*
before me this day of W20-2 JL.

Notary Spouse

US: Peachtree Settlement Funding, LLC

ichael Rodden, ce President

Case Info

Judge

James H Ferreira Track Judge’s New Case

Case No.

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Document Filed Date

November 04, 2022

Case Filing Date

November 04, 2022

County

Parties

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Exhibit,Appendix: Peachtree Settlement Funding, Llc v. Michael Lanahan, Metlife Tower Resources Group, Inc., Metropolitan Life Insurance Company

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