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FILED: NIAGARA COUNTY CLERK 03/07/2016 05:36 PM INDEX NO. E158174/2016
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 03/07/2016
At an IAS Part ___ of the Supreme Court
of the State of New York, County of ______,
at the Courthouse located at ________________
, New York, on the _____
day of __________, 20____
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NIAGARA
----------------------------------------------------------------------X
In the Matter of the Petition of Index No.:
J.G. WENTWORTH ORIGINATIONS, LLC,
Petitioner,
and
SHAWN EDIN,
LIBERTY ASSIGNMENT CORPORATION, and ORDER TO
LIBERTY LIFE ASSURANCE COMPANY OF SHOW CAUSE
BOSTON
as Interested Parties pursuant to G.O.L. Sec. 5-1701(f).
-----------------------------------------------------------------------X
Upon the annexed Petition of J.G. Wentworth Originations, LLC, dated March 7, 2016,
and the Affidavit of Shawn Edin sworn to on February 22, 2016, and upon the exhibits annexed
thereto, it is hereby
ORDERED, that Shawn Edin, Liberty Assignment Corporation and Liberty Life
Assurance Company Of Boston, as “interested parties” pursuant to Sections 5-1701(f) and 5-
1705(c) of New York’s General Obligations Law, show cause at IAS Part __, of this Court, to be
held at the NIAGARA County Courthouse, _______________, _____________, New York
_________ on the ___ day of ________ 20__, at ___ a.m./p.m., or as soon thereafter as counsel
can be heard, why an Order should not be granted:
a) Finding that the transfer of structured settlement payment rights pursuant to a
certain Transfer Agreement between Shawn Edin, as Transferor/Payee, and J.G.
1 of 3
Wentworth Originations, LLC, as Transferee, executed on March 4, 2016,
complies with all requirements of the New York Structured Settlement Protection
Act, General Obligations Law § 5-1701, et seq., and 26 U.S.C. § 5891;
b) Finding that the transfer is in the best interest of the Payee;
c) Finding that the Payee has been advised in writing by the Transferee to seek
independent professional advice regarding the transfer and has knowingly waived
such advice in writing;
d) Finding that the transfer does not contravene any applicable statute or the Order
of any Court or other government authority;
e) Finding that the transfer agreement and all disclosures and related documents are
written in plain language and in compliance with General Obligations Law
Sections 5-1702 and 5-1703;
f) Approving the transfer of Payee’s structured settlement payment rights to
Petitioner pursuant to the Transfer Agreement; and
g) Ordering that Liberty Assignment Corporation, as settlement obligor, and Liberty
Life Assurance Company Of Boston, as annuity issuer, be directed to make
payment(s) previously due to Shawn Edin to J.G. Wentworth Originations, LLC,
upon the same terms and conditions as such payments were to be made to said
Shawn Edin; and it is hereby further
ORDERED, that service of a copy of this Order to Show Cause together with the papers
upon which itis granted upon Shawn Edin, Liberty Assignment Corporation and Liberty Life
Assurance Company Of Boston by FedEx Overnight with affidavit of service on or before the
______ day of ______________, 20___ (which date is at least 20 days before the time at
2
2 of 3
which the Petition is noticed to be heard) shall be deemed good and sufficient notice thereof;
and it is further
ORDERED, that responding papers, if any, shall be served at least seven days before the
Petition is noticed to be heard.
ENTER
_________________________
, J.S.C.
3
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FILED: NIAGARA COUNTY CLERK 03/07/2016 05:36 PM INDEX NO. E158174/2016 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 03/07/2016 At an IAS Part ___ of the Supreme Court of the State of New York, County of ______, at the Courthouse located at ________________ , New York, on the _____ day of __________, 20____ SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NIAGARA ----------------------------------------------------------------------X In the Matter of the Petition of Index No.: J.G. WENTWORTH ORIGINATIONS, LLC, Petitioner, and SHAWN EDIN, LIBERTY ASSIGNMENT CORPORATION, and ORDER TO LIBERTY LIFE ASSURANCE COMPANY OF SHOW CAUSE BOSTON as Interested Parties pursuant to G.O.L. Sec. 5-1701(f). -----------------------------------------------------------------------X Upon the annexed Petition of J.G. Wentworth Originations, LLC, dated March 7, 2016, and the Affidavit of Shawn Edin sworn to on February 22, 2016, and upon the exhibits annexed thereto, it is hereby ORDERED, that Shawn Edin, Liberty Assignment Corporation and Liberty Life Assurance Company Of Boston, as “interested parties” pursuant to Sections 5-1701(f) and 5- 1705(c) of New York’s General Obligations Law, show cause at IAS Part __, of this Court, to be held at the NIAGARA County Courthouse, _______________, _____________, New York _________ on the ___ day of ________ 20__, at ___ a.m./p.m., or as soon thereafter as counsel can be heard, why an Order should not be granted: a) Finding that the transfer of structured settlement payment rights pursuant to a certain Transfer Agreement between Shawn Edin, as Transferor/Payee, and J.G. 1 of 3 Wentworth Originations, LLC, as Transferee, executed on March 4, 2016, complies with all requirements of the New York Structured Settlement Protection Act, General Obligations Law § 5-1701, et seq., and 26 U.S.C. § 5891; b) Finding that the transfer is in the best interest of the Payee; c) Finding that the Payee has been advised in writing by the Transferee to seek independent professional advice regarding the transfer and has knowingly waived such advice in writing; d) Finding that the transfer does not contravene any applicable statute or the Order of any Court or other government authority; e) Finding that the transfer agreement and all disclosures and related documents are written in plain language and in compliance with General Obligations Law Sections 5-1702 and 5-1703; f) Approving the transfer of Payee’s structured settlement payment rights to Petitioner pursuant to the Transfer Agreement; and g) Ordering that Liberty Assignment Corporation, as settlement obligor, and Liberty Life Assurance Company Of Boston, as annuity issuer, be directed to make payment(s) previously due to Shawn Edin to J.G. Wentworth Originations, LLC, upon the same terms and conditions as such payments were to be made to said Shawn Edin; and it is hereby further ORDERED, that service of a copy of this Order to Show Cause together with the papers upon which itis granted upon Shawn Edin, Liberty Assignment Corporation and Liberty Life Assurance Company Of Boston by FedEx Overnight with affidavit of service on or before the ______ day of ______________, 20___ (which date is at least 20 days before the time at 2 2 of 3 which the Petition is noticed to be heard) shall be deemed good and sufficient notice thereof; and it is further ORDERED, that responding papers, if any, shall be served at least seven days before the Petition is noticed to be heard. ENTER _________________________ , J.S.C. 3 3 of 3