Preview
Electronically Filed
11/6/2023 10:56 PM
Hidalgo County District Clerks
Reviewed By: Vincente Facundo
C-4629-23-E
NO. _________
IN RE § IN THE DISTRICT COURT OF
§
§ HIDALGO COUNTY, TEXAS
§
§ ___ JUDICIAL DISTRICT
APPLICATION FOR APPROVAL OF
TRANSFER OF STRUCTURED ANNUITY BENEFITS
TO THE HONORABLE JUDGE OF THE COURT:
COMES NOW, Peachtree Settlement Funding, LLC “Applicant", by and through its
attorney, Julie Pi Evans, and presents the following:
1 A discovery control plan is not required for the adjudication of this application. This application
is filed in accordance with HB3356, effective date June 15, 2017. Per the newly enacted law,
Applicant has redacted all identifiable information about the Payee.
2 ("Annuitant" or "Payee"), who resides in HIDALGO County, currently is the
recipient of structured annuity benefits. , is the issuer
of the annuity. is the owner of the
annuity.
3 This Court has jurisdiction of this matter because the Payee resides in this county, or the
action from which the annuity arose was, or could have been, brought in this county. The
Court further has jurisdiction of this matter under the Texas Structured Settlement
Protection Act, Chapter 141, Texas Civil Practice and Remedies Code.
4 the Annuity Issuer, is an insurance company
domiciled in the State of Pennsylvania. The Annuity Issuer shall be given notice of this
application by Commercial Deliver Service, concurrently with notice of hearing,
1
Electronically Filed
11/6/2023 10:56 PM
Hidalgo County District Clerks
Reviewed By: Vincente Facundo
C-4629-23-E
6 the Annuity Owner, shall be given
notice of this application by Commercial Deliver Service concurrently with notice of
hearing,
.
7 The annuity provides for periodic payments including, but not limited to,
8 Noe Serna Jr. entered into a transfer agreement with Peachtree Settlement Funding, LLC,
pursuant to the terms of which he agreed to sell and assign
A true and correct copy of the Purchase
Agreement is attached hereto as Exhibit "1" and is incorporated herein by reference.
9 In exchange for the sale and assignment of the aforesaid payments, is to
receive a lump sum cash payment in the amount of , less compliance and
administrative fees and filing and related expense fees, resulting in an actual payment of
10 Applicant is not aware of any statutory or case law in Texas restricting the sale or
assignment of structured annuity payments.
11 The transfer complies with the requirements of the Structured Settlement Protection Act,
Chapter 141, Texas Civil Practice and Remedies Code, as enacted on May 11, 2001 (the
"Act").
12 The Payee has the following dependents, as that term is defined in the Act:
12.1 residing with Payee:
12.2 Dependents not residing with Payee:
13 The Transfer is in the best interests of the Payee, taking into account the welfare and
support of the Payee's dependents, if any.
2
Electronically Filed
11/6/2023 10:56 PM
Hidalgo County District Clerks
Reviewed By: Vincente Facundo
C-4629-23-E
14 Peachtree Settlement Funding, LLC, has given written notice of the Applicant's name,
address and taxpayer identification number to Annuity Issuer and Annuity Owner. A true
copy of the notice is attached as Exhibit "2" and incorporated herein by reference.
15 All interest parties are hereby noticed that they are entitled to support, oppose, or otherwise
respond to this Application, either in person or by counsel, by submitting written comments
to the Court or by participating in the hearing.
16 Annuitant has received a disclosure statement that provides the amounts and due dates of
the structured settlement payments to be transferred; the aggregate amount of the
payments; the discounted present value of the payments, with the discount rate used in
determining the discounted present value; the gross amount payable to Annuitant in
exchange for the payments; and itemized listing of all commissions, fees, costs, expenses,
and charges payable by Annuitant or deductible form the gross amount otherwise payable
to Annuitant; the net amount payable to Annuitant after deduction of all commissions, fees,
costs, expenses, and charges; and the amount of any penalty and the aggregate amount of
any liquidated damages, inclusive of penalties, payable by Annuitant in the event of any
breach of the transfer agreement by Annuitant. A true and correct copy of the Disclosure
Statement is attached hereto as Exhibit "3" and incorporated herein by reference.
17 Attached as Exhibit 4 is the Payee’s request that all identifiable information be redacted
pursuant to HB3356. Applicant will serve the Court and all interested parties with a copy
of the application with non-redacted exhibits.
18 has been advised in writing by the Applicant to seek independent professional
advice regarding the transfer and has received such advice or has declined such advice in
writing. See Exhibit 5.
3
Electronically Filed
11/6/2023 10:56 PM
Hidalgo County District Clerks
Reviewed By: Vincente Facundo
C-4629-23-E
PRAYER
WHEREFORE, Peachtree Settlement Funding, LLC, prays that the Court enter an order
allowing the sale and assignment of the structured annuity payments for
Respectfully submitted,
JULIE PI EVANS LAW FIRM, PLLC
218 MAVERICK ST.
SAN ANTONIO, TEXAS 78212
(281) 846-6252 (TELEPHONE)
(888) 598-3598 (FACSIMILE)
JULIE@JPELAWFIRM.COM
BY: ____________________________
Julie Pi Evans
State Bar No. 24037280
ATTORNEY FOR APPLICANT
4
Preview
Electronically Filed 11/6/2023 10:56 PM Hidalgo County District Clerks Reviewed By: Vincente Facundo C-4629-23-E NO. _________ IN RE § IN THE DISTRICT COURT OF § § HIDALGO COUNTY, TEXAS § § ___ JUDICIAL DISTRICT APPLICATION FOR APPROVAL OF TRANSFER OF STRUCTURED ANNUITY BENEFITS TO THE HONORABLE JUDGE OF THE COURT: COMES NOW, Peachtree Settlement Funding, LLC “Applicant", by and through its attorney, Julie Pi Evans, and presents the following: 1 A discovery control plan is not required for the adjudication of this application. This application is filed in accordance with HB3356, effective date June 15, 2017. Per the newly enacted law, Applicant has redacted all identifiable information about the Payee. 2 ("Annuitant" or "Payee"), who resides in HIDALGO County, currently is the recipient of structured annuity benefits. , is the issuer of the annuity. is the owner of the annuity. 3 This Court has jurisdiction of this matter because the Payee resides in this county, or the action from which the annuity arose was, or could have been, brought in this county. The Court further has jurisdiction of this matter under the Texas Structured Settlement Protection Act, Chapter 141, Texas Civil Practice and Remedies Code. 4 the Annuity Issuer, is an insurance company domiciled in the State of Pennsylvania. The Annuity Issuer shall be given notice of this application by Commercial Deliver Service, concurrently with notice of hearing, 1 Electronically Filed 11/6/2023 10:56 PM Hidalgo County District Clerks Reviewed By: Vincente Facundo C-4629-23-E 6 the Annuity Owner, shall be given notice of this application by Commercial Deliver Service concurrently with notice of hearing, . 7 The annuity provides for periodic payments including, but not limited to, 8 Noe Serna Jr. entered into a transfer agreement with Peachtree Settlement Funding, LLC, pursuant to the terms of which he agreed to sell and assign A true and correct copy of the Purchase Agreement is attached hereto as Exhibit "1" and is incorporated herein by reference. 9 In exchange for the sale and assignment of the aforesaid payments, is to receive a lump sum cash payment in the amount of , less compliance and administrative fees and filing and related expense fees, resulting in an actual payment of 10 Applicant is not aware of any statutory or case law in Texas restricting the sale or assignment of structured annuity payments. 11 The transfer complies with the requirements of the Structured Settlement Protection Act, Chapter 141, Texas Civil Practice and Remedies Code, as enacted on May 11, 2001 (the "Act"). 12 The Payee has the following dependents, as that term is defined in the Act: 12.1 residing with Payee: 12.2 Dependents not residing with Payee: 13 The Transfer is in the best interests of the Payee, taking into account the welfare and support of the Payee's dependents, if any. 2 Electronically Filed 11/6/2023 10:56 PM Hidalgo County District Clerks Reviewed By: Vincente Facundo C-4629-23-E 14 Peachtree Settlement Funding, LLC, has given written notice of the Applicant's name, address and taxpayer identification number to Annuity Issuer and Annuity Owner. A true copy of the notice is attached as Exhibit "2" and incorporated herein by reference. 15 All interest parties are hereby noticed that they are entitled to support, oppose, or otherwise respond to this Application, either in person or by counsel, by submitting written comments to the Court or by participating in the hearing. 16 Annuitant has received a disclosure statement that provides the amounts and due dates of the structured settlement payments to be transferred; the aggregate amount of the payments; the discounted present value of the payments, with the discount rate used in determining the discounted present value; the gross amount payable to Annuitant in exchange for the payments; and itemized listing of all commissions, fees, costs, expenses, and charges payable by Annuitant or deductible form the gross amount otherwise payable to Annuitant; the net amount payable to Annuitant after deduction of all commissions, fees, costs, expenses, and charges; and the amount of any penalty and the aggregate amount of any liquidated damages, inclusive of penalties, payable by Annuitant in the event of any breach of the transfer agreement by Annuitant. A true and correct copy of the Disclosure Statement is attached hereto as Exhibit "3" and incorporated herein by reference. 17 Attached as Exhibit 4 is the Payee’s request that all identifiable information be redacted pursuant to HB3356. Applicant will serve the Court and all interested parties with a copy of the application with non-redacted exhibits. 18 has been advised in writing by the Applicant to seek independent professional advice regarding the transfer and has received such advice or has declined such advice in writing. See Exhibit 5. 3 Electronically Filed 11/6/2023 10:56 PM Hidalgo County District Clerks Reviewed By: Vincente Facundo C-4629-23-E PRAYER WHEREFORE, Peachtree Settlement Funding, LLC, prays that the Court enter an order allowing the sale and assignment of the structured annuity payments for Respectfully submitted, JULIE PI EVANS LAW FIRM, PLLC 218 MAVERICK ST. SAN ANTONIO, TEXAS 78212 (281) 846-6252 (TELEPHONE) (888) 598-3598 (FACSIMILE) JULIE@JPELAWFIRM.COM BY: ____________________________ Julie Pi Evans State Bar No. 24037280 ATTORNEY FOR APPLICANT 4