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  • Coastal Capital Receivables, LLC VS. M AnnuitantAll Other Civil Cases (OCA) document preview
  • Coastal Capital Receivables, LLC VS. M AnnuitantAll Other Civil Cases (OCA) document preview
  • Coastal Capital Receivables, LLC VS. M AnnuitantAll Other Civil Cases (OCA) document preview
  • Coastal Capital Receivables, LLC VS. M AnnuitantAll Other Civil Cases (OCA) document preview
  • Coastal Capital Receivables, LLC VS. M AnnuitantAll Other Civil Cases (OCA) document preview
  • Coastal Capital Receivables, LLC VS. M AnnuitantAll Other Civil Cases (OCA) document preview
  • Coastal Capital Receivables, LLC VS. M AnnuitantAll Other Civil Cases (OCA) document preview
  • Coastal Capital Receivables, LLC VS. M AnnuitantAll Other Civil Cases (OCA) document preview
						
                                

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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: