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SUPREME COURT
STATE OF NEW YORK COUNTY OF YATES
In the matter of DRB Capital, LLC,
Petitioner
and Index No. 2021-5237
B. Buckle, and Brighthouse Life Insurance
Company,
As Interested Parties
ORDER
On this day, came on to be heard the Application for Approval of Transfer of Structured
Settlement Payment Rights (the "Application") filed by DRB Capital, LLC ("Transferee") and
Bryan Buckle a/k/a Bryan D Buckle ("Payee") in the above styled and numbered cause. The court
has reviewed the Petition, the exhibits attached to the Petition, any responses thereto and has heard
and considered the evidence and arguments of counsel presented in support of the Application.
The Court finds that this proceeding was filed and presented to the Court in accordance
with New York Structured Settlement Protection Act, NY Gen. Oblig. Law § 5-1701, et seq. (the
"Act") and that the transaction and court proceedings satisfy § 5891 of the Internal Revenue Code.
Obligor"
Brighthouse Life Insurance Company ("Structured Settlement or "Obligor") and
Brighthouse Life Insurance Company ("Annuity Issuer") have not appeared in this action. The
Court therefore finds the relief requested in the Application should be granted and that this Final
Order should be approved and entered accordingly. The court makes the f·mdings:
following
1. This Court has subject matter jurisdiction over this and personal
proceeding
jurisdiction over the Payee and Transferee. Venue of this action is proper in this Court and all
persons entitled to be served and/or provided notice of these have been served and/or
proceeding
provided such notice or have otherwise appeared in thisaction.
2. Payee executed an Absolute Sale and Security Agreement attached to the
Application as an exhibit, in which the Payee agreed to sell, transfer and assign the right receive
the Assigned Payments (defined below) to Transferee and itsassigns:
• Guaranteed payments of $748.87 cammencing on or about October
monthly
31, 2032 and êñdiñg on or about September 30, 2033 ("Guaranteed Assigned
Payments"); and
• Life contingent payments of $748.87 cammcncing on or about
monthly
October 31, 2033 and on or about December 31, 2045 ("Life Contingent
êñding
Assigned Payments") (collectively the "Assigned Payments");
The Court makes the following findings:
(1) The transfer complies with the Act and 26 U.S.C. § 5891, et seq., does not
contravene any applicable Federal or State statute or the order of any court
or other government or responsible administrative authority.
(2) The Transfer is in the best interest of the Payee, taking into account the
welfare and support of the Payee's dependents; and the transaction,
including the discount rate used to determine the gross advance amount and
the fees and expenses used to determine the net advance amount, are fair
and reasonable.
(3) Payee has been advised in writing by Transferee to seek independent
professional advice regarding the Transfer and has either received such
advice or knowingly waived such advice in writing.
(4) The Transfer Agreement and all disclosures are written in plain language
and in compliance with NY Gen. Oblig. Law § 5-702
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(5) The Payee is properly before the Court and has confirmed to the Court's
satisfaction that he is a resident of this state and entitled to avail himself of
the Act.
IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that the Application to
approve the transfer of the Assigned Payments is GRANTED AND APPROVED.
IT IS FURTHER ORDERED that the Obligor and the Annuity Issuer are authorized,
ordered, and directed to send the Assigned Payments to Transferee at the following address or to
any such other address or entity as may be designated by Transferee, in writing: DRB Capital,
LLC, Attn: Dept. #0200, P.O. Box 850001, Orlando, FL 32885-0200.
IT IS FURTHER ORDERED that the Payee shall no longer have the power or authority to
request change of address designation relating to the Assigned Payments and no person or entity
other than Transferee shall have the power or authority to change the Designated Address for
payment of the Assigned Payments.
IT IS FURTHER ORDERED that the death of the Payee on or before the due date of the
Guaranteed Assigned Payments shall not adversely affect the Transfer of the Guaranteed Assigned
Payments from the Payee to Transferee and the Payee understands she isgiving up her rights, and
the rights of her heirs, successors and/or beneficiaries, to the Guaranteed Assigned Payments.
IT IS FURTHER ORDERED that the Annuity Issuer and Settlement Obligor shall change
their records to reflect that the beneficiary under the annuity contract as the Estate of the Payee.
IT IS FURTHER ORDERED that the Life Contingent Assigned Payments are due only so
long as Payee is alive, Annuity Issuer is only obligated and ordered to remit the Life Contingent
Assigned Payments as provided herein so long as Payee is alive. If Payee dies prior to the due
date of the lastLife Contingent Assigned Payment, and Transferee becomes aware of the death,
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Transferee shall provide written notice of Payee's death to Annuity Issuer within 30 days after
Transferee learns of Payee's death.
IT IS FURTHER ORDERED that the Transferee shall reimburse Annuity Issuer for any
Life Contingent Assigned Payments made to Transferee upon or after the date-of-death of Payee.
Living"
IT IS FURTHER ORDERED that the Transferee agrees to provide (i)a "Proof of
statement, which will include a notarized signature of Payee or (ii)other evidence reasonably
acceptable to Annuity Issuer, at no less than twice a year to Annuity Issuer confirming Payee is
stillliving, starting with the firstLife Contingent Assigned Payment due.
IT IS FURTHER ORDERED that no laterthan ten (10) days after service of a copy of this
Order entered by this Court, Obligor shall send a letter to Transferee at 1625 South Congress
Avenue, Suite 200A, Delray Beach, Florida 33445, acknowledging this transfer, informing
Transferee that the change has been made to itsrecords, and specifying the name of the Payee
scheduled to receive the Assigned Payments, and address or bank account designation to where
the Assigned Payment shall be sent. Failure to issue such letters shall be considered willful
contempt of this Order.
IT IS FURTHER ORDERED that this is a Final Order and is intended to dispose of all
claims and relief asserted and requested in thisproceeding. All other relief not expressly granted
in this Final Order is DENIED.
Order"
IT IS FURTHER ORDERED that this Order shall constitute a final "Qualified
within the meaning of 26 USC § 5891.
SIGNED this___ day of October, 2021
JUDGE PRESIDING
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SUPREME COURT STATE OF NEW YORK COUNTY OF YATES In the matter of DRB Capital, LLC, Petitioner and Index No. 2021-5237 B. Buckle, and Brighthouse Life Insurance Company, As Interested Parties ORDER On this day, came on to be heard the Application for Approval of Transfer of Structured Settlement Payment Rights (the "Application") filed by DRB Capital, LLC ("Transferee") and Bryan Buckle a/k/a Bryan D Buckle ("Payee") in the above styled and numbered cause. The court has reviewed the Petition, the exhibits attached to the Petition, any responses thereto and has heard and considered the evidence and arguments of counsel presented in support of the Application. The Court finds that this proceeding was filed and presented to the Court in accordance with New York Structured Settlement Protection Act, NY Gen. Oblig. Law § 5-1701, et seq. (the "Act") and that the transaction and court proceedings satisfy § 5891 of the Internal Revenue Code. Obligor" Brighthouse Life Insurance Company ("Structured Settlement or "Obligor") and Brighthouse Life Insurance Company ("Annuity Issuer") have not appeared in this action. The Court therefore finds the relief requested in the Application should be granted and that this Final Order should be approved and entered accordingly. The court makes the f·mdings: following 1. This Court has subject matter jurisdiction over this and personal proceeding jurisdiction over the Payee and Transferee. Venue of this action is proper in this Court and all persons entitled to be served and/or provided notice of these have been served and/or proceeding provided such notice or have otherwise appeared in thisaction. 2. Payee executed an Absolute Sale and Security Agreement attached to the Application as an exhibit, in which the Payee agreed to sell, transfer and assign the right receive the Assigned Payments (defined below) to Transferee and itsassigns: • Guaranteed payments of $748.87 cammencing on or about October monthly 31, 2032 and êñdiñg on or about September 30, 2033 ("Guaranteed Assigned Payments"); and • Life contingent payments of $748.87 cammcncing on or about monthly October 31, 2033 and on or about December 31, 2045 ("Life Contingent êñding Assigned Payments") (collectively the "Assigned Payments"); The Court makes the following findings: (1) The transfer complies with the Act and 26 U.S.C. § 5891, et seq., does not contravene any applicable Federal or State statute or the order of any court or other government or responsible administrative authority. (2) The Transfer is in the best interest of the Payee, taking into account the welfare and support of the Payee's dependents; and the transaction, including the discount rate used to determine the gross advance amount and the fees and expenses used to determine the net advance amount, are fair and reasonable. (3) Payee has been advised in writing by Transferee to seek independent professional advice regarding the Transfer and has either received such advice or knowingly waived such advice in writing. (4) The Transfer Agreement and all disclosures are written in plain language and in compliance with NY Gen. Oblig. Law § 5-702 - 2 - (5) The Payee is properly before the Court and has confirmed to the Court's satisfaction that he is a resident of this state and entitled to avail himself of the Act. IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that the Application to approve the transfer of the Assigned Payments is GRANTED AND APPROVED. IT IS FURTHER ORDERED that the Obligor and the Annuity Issuer are authorized, ordered, and directed to send the Assigned Payments to Transferee at the following address or to any such other address or entity as may be designated by Transferee, in writing: DRB Capital, LLC, Attn: Dept. #0200, P.O. Box 850001, Orlando, FL 32885-0200. IT IS FURTHER ORDERED that the Payee shall no longer have the power or authority to request change of address designation relating to the Assigned Payments and no person or entity other than Transferee shall have the power or authority to change the Designated Address for payment of the Assigned Payments. IT IS FURTHER ORDERED that the death of the Payee on or before the due date of the Guaranteed Assigned Payments shall not adversely affect the Transfer of the Guaranteed Assigned Payments from the Payee to Transferee and the Payee understands she isgiving up her rights, and the rights of her heirs, successors and/or beneficiaries, to the Guaranteed Assigned Payments. IT IS FURTHER ORDERED that the Annuity Issuer and Settlement Obligor shall change their records to reflect that the beneficiary under the annuity contract as the Estate of the Payee. IT IS FURTHER ORDERED that the Life Contingent Assigned Payments are due only so long as Payee is alive, Annuity Issuer is only obligated and ordered to remit the Life Contingent Assigned Payments as provided herein so long as Payee is alive. If Payee dies prior to the due date of the lastLife Contingent Assigned Payment, and Transferee becomes aware of the death, - 3 - Transferee shall provide written notice of Payee's death to Annuity Issuer within 30 days after Transferee learns of Payee's death. IT IS FURTHER ORDERED that the Transferee shall reimburse Annuity Issuer for any Life Contingent Assigned Payments made to Transferee upon or after the date-of-death of Payee. Living" IT IS FURTHER ORDERED that the Transferee agrees to provide (i)a "Proof of statement, which will include a notarized signature of Payee or (ii)other evidence reasonably acceptable to Annuity Issuer, at no less than twice a year to Annuity Issuer confirming Payee is stillliving, starting with the firstLife Contingent Assigned Payment due. IT IS FURTHER ORDERED that no laterthan ten (10) days after service of a copy of this Order entered by this Court, Obligor shall send a letter to Transferee at 1625 South Congress Avenue, Suite 200A, Delray Beach, Florida 33445, acknowledging this transfer, informing Transferee that the change has been made to itsrecords, and specifying the name of the Payee scheduled to receive the Assigned Payments, and address or bank account designation to where the Assigned Payment shall be sent. Failure to issue such letters shall be considered willful contempt of this Order. IT IS FURTHER ORDERED that this is a Final Order and is intended to dispose of all claims and relief asserted and requested in thisproceeding. All other relief not expressly granted in this Final Order is DENIED. Order" IT IS FURTHER ORDERED that this Order shall constitute a final "Qualified within the meaning of 26 USC § 5891. SIGNED this___ day of October, 2021 JUDGE PRESIDING - 4 -