Preview
Electronically Submitted
2/20/2024 4:47 PM
Hidalgo County Clerk
Accepted by: Sarah Sanchez
CAUSE N0. CL~24—0286—E
1N RE:
§ IN THE cOUNTY COURT
§
COASTAL CAPITAL RECEIVABLES,
LLC,
§ AT LAW N0. 5
§
Petitioner.
§ HIDALGO COUNTY, TEXAS
ORDER APPROVING TRANSFER 0F STRUCTURED
SETTLEMENT PAYMENT
RIGHTS
This matter being brought before
the court by” Coastal Capital
Receivables, LLC
(“Coastal Capital”) pursuant to
its Amended Petition for Approval for Transfer 0f Structured
Settlement Payment Rights (the “Applicati
on”) between Coastal Capital
and—
Wa or WM ma in
With the Texas Structured Settlement
Protection Act, Tex. Civ- Prac. & Rem. Code § 141.001, er
seq. (the “Act”). The Court. being fully advised in the premises, and the
Coufi having
jurisdiction of the matter and the parties to this Order, and in accurdance with the Act and upon
papers submitted, including the- Absolute Assignment Agreement dated
January 19, 2024
(“Purchase Agreement??? the Discl
_,
osure Statements signed by
the Court expressly finds as follows:
_, and the testimony of
1. Notice 0f the Application has been given
to
or
W) and
at
least twenty (20) days before the date of the heari
ng, who d0 not object to the Application based
upon the terms of this Order.
LEGAL\6813§93-33\1
Electronically Submitted
2/20/2024 4:47 PM
Hidalgo County Clerk
-
Accepted by: Sarah Sanchez
2. At
Ag'eement, Coastal Capital provi
least three
ded t0
days prior tie
—
the date on which
a separate
signed the Purchase
_
disclosure statement in
accordance with the requirements of Tex.
Civ. Prac. & Rem. Code § 141-003.
3..
has been advised, fin writing,
by Coastal Capital to seek independent
professional acivice regarding the
proposed transfer and has either recei
ved the advice or
knowingly waived the advice Writing, as required
ill
by Tex. Civ. 'Prac. & Rem. Code §
141.0040).
4. The progo‘sed transfer is fin the best interest
of_, taking into account the
weifare and support 0
as required by Tex Civ. Prac. 8.5 Rem. Code §
141 .6040).
5. The proposed transfer does not contravene
any applicable sia’nxfie o: an order of
any court or other governmental authoring as requi
red by Tex. Civ. Prac- 8c Rem, Code _.§
141 304(3).
6. Pursuant to .26 U.S-C.
§ 5891(b)(2){A){i) and (ii), the proposed transfer does
(i)
not contravene any Federal or State statut 01'
e the order 0f any court or responsible
administratiVe
authority, and (ii) is. m me best interest of-, taking into account the wefiaxe and
mm: of
7. Coastal Capitai has timely flied with
the CQIIIL and served upon all inierested
parties? including
notice of the proposed transfer and
,
the
application for authorization as required
by Tex. Civ. Prac. & Rem. [Code § 141110601).
3. Jurisdiction and venue are proper in this Court pursuant i0 26 U.S.C_
§ 5891(b)(4_)(A), Tex. Civ. Prac. & Rem. Code § 141.002(2), the Texas Rules of Civil Procedure,
and the consent of-
IEGALWBJ3§333¥1
Electronically Submitted
2/20/2024 4:47 PM
Hidalgo County Clerk
Accepted by: Sarah Sanchez
'9.
The proposed transfer complies with the requiremen
ts of. Tex. Civ. Prac. &
-
Rem.
Code § 141.001, e: seq. and 26 U.S.C. § 5891, and will not contravene other applicable
law.
10. 1's
properly Before the Court and. has confirmed to the Court’s
satisfaction
11.
that. is
Coastal Capital has assigned
to_-
a resident of this state and entitled to
avaii of the Act.
(“Assignee”) all 0f its rights
under the Purchase Agreement and
the right to receive the
(defined below).
12.
- 1's
entitled t0 receive payments from an annuity issued
by-
_ and purchased by-
Agreement and Release. The Periodic Payme
which funds payments due under a Settlement
nts due under the annuity originally were-
LEGAL\68139333K1
Electronically Submitted
2/20/2024 4:47 PM
Hidalgo County Clerk
Accepted by: Sarah Sanchez
15. The current Application seeks to- transfer- to Coastal Capital the following Periodic
Payments:
The Assigned are not due and payabEe unless_ is alive at
the time each such payment is due-
16. The Guaranteed Assigned Payment and the Assigned Life-Cbutingent Assig
ned
Payments are collectively the “Assigned Payments”.
17. resides in the. State of Texas, making this Court an appropriate forum
for the filing and prosecution of this Application.
Based 011 the foregoing findings, the transfer 0f
the Assigned Life—Contingent Payme
nts
from- to Ceastai Capital is hereby APPROVED.
IEGAL\68139333\1
Electronically Submitted
2/20/2024 4:47 PM
Hidalgo County Clerk
Accepted by: Sarah Sanchez
IT IS HEREBY ORDERED,
Structuefi Settlement Payment Rights
that
between Coastal Capital and
the Application for Approval
_ of Transfer of
is approved in
all
E?
respects pursuant to
1.
.w.
the.
Pursuant to the Act,
-
Act on the following terms:
is gamed leave to assign the followmg Assigned
N
Assigned Payments
been paid as of the
proposed
for the
3.
transfer.
E
Assigqed Payments
OE
_
06? 59+
w Ofl O Pb
t0 Asysigaee is limited te
ciate
E“¢—
only {hose Assigned Payments that have not
receives this Order entered
Coastal Capital and Assigflee ag‘ee to seek
Subj ect to
i-f made by— recovery solely
b“ £2
already
E Q»:
(D
by the Court aliowing
fiom—
prior to the receipt of the foregoing.
H FF
O Q.
m (D f) W E‘
the
I'D
a_l_1 of the conditions set £01111 1'11
this Order, the Issuer is hereby directeé
to deliver and make payable t0 Assignee a1 the foflowing address:
LEGAL‘IEBBQBBKI
Electronically Submitted
2/20/2024 4:47 PM
Hidalgo County Clerk
Accepted by: Sarah Sanchez
the Assigned Payments becomfing due beginning 011
4.
Assignee ceases
this Ordea', OI
Co‘ntingent
The
011
_
obligaiion to
any other document
?ayments is owed only
make any of
death.
01'
if-
the Assigned
mafier changes the fact that
is alive 011
Life&onfingent Payments
Nothing in the Application, the proposed
transfer,
each of file Assigned Life-
the scheduled due date of such,
to
payment.
5. Assignee shall provide to_, not less than ninety (90) days prior
to the due date 0f the first Assigled Life-Contingent
cenfijmation, contemporaneously signed
_
Payment (i.e.,
_),
_ a written
—
by and notarized, that is alive.
(the “Initial Required Confinnati‘on"). Evexy one-hundxed
eighty (180) days thereafter and
of—,
at
any time upon reasonable request
until the due date of the lasi. Assigned
Life—Cbntingent Payment, Assiguee shall provi
de with wriflen confinnatiom
contempomneously signeci by is alive (the “Requireci
Configuration”). The Required Confirmation should be fomax-ded to
and Coastal Capital shail cooperate with one another and with— for purposes of
providing each Required Continuation.
_
In lieu thereof, Assignee may retain a recognized
—
independent mortality tracldflg compafly
(the “Moxtality Tracking Company”) (in. Tile
Bei'wyn
Group) to track mortality on a quarterly basis throughout the dum’rion of the
_
Assigned Life-Confingent Payment stream.
LEGALW139333U
is still
Such quarterly reports evidencing whether
alive shall be forwarded t0
_ 5 _
These quarterly reports may
01' not
Electronically Submitted
2/20/2024 4:47 PM
Hidalgo County Clerk
Accepted by: Sarah Sanchez
be used as a substitute of the Required C'onfirmati'on and the Initial Required C0nfirmation. If
used as- a substitute of the Initial Required
—
Confirmation, such report shall be forwarded ninety
(90) days prior to the
died, Coastal Capital or
due date of the first Assigned Life—Contingent
In the event that Coastal Capital or
Assignee acquires information indicating that
Assignee shall promptly provide
Payment—
_
-
and
has
with
—
this information in writing directed t0
--
-
6. If Assignee fails to provide the Required Confirmaticm that
is alive,
0r if
_
has any reasonable basis t0 believe that
has
died, may suspend making the Assigned Life—Contingent
Payments until
—, has received the Required Confirmation.
Coastal Capital and/m Assignae shall
copying any and an documents received
by Coastal Capital and/or Assignee evidencing
Upon
make
request by
available for inspection and
I
-surviva1 0r, alternatively, evidencing_ death.
7. In any event, t0 the extent any of
the Assigned Life~Contingent Payme
nts for
Which the scheduled due date
0f_
to—
is a date subsequent t0 the date
death, Assignee
shall refund such payment(s) in full within ten (10) days 0f its receipt 0f
such paymsnt-(s), plus interest at 6% per annum from the date that the funds we're paid throu
gh
the date. reimbursement is tendered.
8. Neither Coastal Capital nor Asgignee-
has purchased or acquired, and both agree
not to purchase 0r acquire, any life insurance policy 011 the life of
0r any of their parents, subsidiaries
,
, or affiliates, that relates in
any
way t0 the proposed transfer 0r the Assigned Life-Contin'gen
t Payments.
LEGAL‘\681 3-9333“
Electronically Submitted
2/20/2024 4:47 PM
Hidalgo County Clerk
Accepted by: Sarah Sanchez
9. Coastal Capital, Assignee, and their
affiliates and successors in intere
st shall
defend, indemnify, and hold harmless
Issuer and Obligor and their successors
and assigns,
parents, affiliates, attorneys, and subsidiaries from and against
any and all liability from. all
claims in connection with, related
Application, or this Order, whether
to, or in any
dependents, beneficiaries, contingent
entity. T0
such claims are brought
way
beneficiaries, 0r executors), or
the extent Coastal Capital andfor Assig
_
arising out 0f the Purchase
by
by any other individual
nee fails t0 honor this indemnification and
Agreement, the
(including heirs,
0.1“
defense obligation,
may, in addition t0 all other remedies
afforded by law, satisfy the same by withholding t0 their own credit. any remaining Assigned
Payments.
10. Coastal Capital, Assignee; and their affilia
tes and successors in interest shall
be
liable to the Issuer and the Obligor for any and all liabilities and costs, including reasonable costs
and attorneys” fees arising from compliance
with this- Order or arising as a consequence of
any
—
failure of Coastal Capital 0r Assignee to compl with
_
y the Act.
11.
are hereby discharged from all liability with
respect to the Assigned Payments becoming due beginning 011 through and
including and any transferred portions thereof as to all parties except
Assignee. This Order is entered without prejudice 1:0 the rights 0f the Issuer, and the Court
makes 110 finding regarding the enforceability of
any nDn-assignment provisions contained in the
ofiginal Settlement Agreement and
Release, the Annuity Contract, the Unif
orm Qualified
Assignment, 0r related documents. This Order in no way modifies
_
01' negates control over the
underlying annuity contract by the Issuer and
, nothing contained in this Order Shall be deem
ed to
afford any rights or ownership or control 0f the annui
ty contract which funds the
LEGAL\68139333\]
Electronically Submitted
2/20/2024 4:47 PM
Hidalgo County Clerk
settlement payments to
Assignee,
- This Order shall be binding
and all
on_,
other interested parties.
Accepted by: Sarah Sanchez
Coastal Capital,
12. The limited assignments permitte
d herein are expressly limited to
the subject
annuity contract; and by their agreemen
t 1:0 this Order, neither
waives enforcement of the anti—ass
ignment provisions in thase 0r
any other Settlement
Agreements, Qualified Assignments, or
-,
Annuity Contracts.
13. for himself and for his assigns, heirs, and administrators, 0r
individuals or entities that
may claim through them, hereby remis
es, releases: and forever
discharges
and their directors, shareholders,
officers, agents,
attorneys, employees, servants, reins
urers, successors, and assignsz and any parent, subsidiary
, or
affiliate thereof, and their directors, shareholders, officersz agents, attorneys, employees,
servants, successors, and assigns, past and present, of and from
any and all manner of actions and
causes of actions, suitsi- debts, dues, accounts,‘ bonds, covenants, contracts, agreements,
judgments, settlements, damages, claim
s, and demands whatsoever, in law or
in equity, arising
out of, related t0, or in connection
with the
compliance with
Assigned Payments identified herein,
this Order.
0r
-
14. It is agreed and understood that in the even
t that ASsignee assigns the Assigned
Payments. t0 another person or entit
y,
will not be obligated t0
re—direct the Assigned Payments to any such person
or entity. If Assignee assigns the Assigned
Payments, Assignee will continue t0 servi
ce the Assigned Payments becoming due'
beginning 0n
LEGAL\68139333\1
Electronically Submitted
2/20/2024 4:47 PM
Hidalgo County Clerk
Accepted by: Sarah Sanchez
15.
lack of opposition to this matter shall
not
constitute evidence in this or
any matter, and is not intended to constitute evidence in this or any
matter, that:
a. payments \mcier a structmed sefliement common 01‘
annuity 0r relateci contracts
can be assigned or that “anti-assignment” or “anti
—encumbrance” provisions in
stmctured settiement contracts or annuit
ies 0r Ieiated contracts are not valid
and enforceable; or‘
b. other transactions entered into
by Coastal Capital and its customers constitute
valié sales andfor secured transactions 01'
;
c.
has waived any right in connection with
other litigation or ciaims; or
any
d.
has agreed 0r wifl, i3 {he future, agree to
the
Hans er o any ture trans acnons that include ljfeeconting
e‘nt payments; or
e. Coastal Capital andfor Assigilee has waive
d any right other than as expressly
setfoflh m
this Order.
16- Coastal Capital, by its counsel J. David Little, Esquire, expressly represents to the
Court that it is a limited liability company in good standing and that it hereby submits to the
jurisdicfion of this Courtfor the purpo
17. Any
se of the entry and enforcement of this Order.
fmther transfer 0f structured settlement rights
only after compliance With the requirements
by
0f the structured settlement protection acts
- shall be made
applicable to this tmnsfer.
Payment
18. The death of
‘
_
shaEl not affect the flansfer
prior to the due date pf the Guaranteed Assigned
of the Guaranteed Assigned Payment from
_to
Assi fiee, and understands that 's
81'ving up 'ghts, 313d the rights of heirs,
successors, and/or beneficiaries, to the
Guaranteed Assigled Payment-
- -
.LEGAan‘susazsu 10
Electronically Submitted
2/20/2024 4:47 PM
Hidalgo County Clerk
Accepted by: Sarah Sanchez
l9. This Order. shall Constitufc
a final “Qualified Order"
within the meaning of 26
USE. § 5891.
AND IT IS SO ORDERED this
day of , 2024.
AGREED T0 AND APPROVED Hon.
AS TO FORM AND SUBST;
Wtk
Coastal. 'a
J.
'
31
Davidjhfttlc. Esq.
Recejvables, LLC
State Bar No. 06789456
hcniwd from flu Court
LBGALXEMSQSBH a 11 - 2/21/2024 2:00:41 pm
D" SS
Initials: