In prior blog posts, S2KM has:
- Re-prioritized the strategic issue of single-claimant qualified settlement funds (QSF);
- Summarized Jeremy Babener's QSF paper.
This blog post begins S2KM's review and analysis of Babener's QSF paper.
Why is Babener's QSF paper important?
- Strategic issues - Babener provides detailed analysis of strategic structured settlement issues In both his dissipation paper and QSF paper which require and deserve increased industry analysis.
- Independent perspective - Babener is a third year law student. He is independent from and "has no dog" in existing structured settlement political fights.
- Public policy orientation - Babener integrates structured settlement public policy with tax analysis. He elevates industry discussions to feature public policy.
- Comprehensive research - Babener's research builds upon and substantially advances historic structured settlement analysis. His research features a wide cross-section of interviews with structured settlement participants.
What issues does Babener address in his QSF paper?
- Single-claimant QSFs.
- Structured settlement public policy.
- IRC sections 104(a), 130 and 468B.
- Constructive receipt and economic benefit.
- Secured creditor status.
- Structured settlement transfers ("factoring").
- Defendant usurpation of the structured settlement tax subsidy.
- Defense strategies:
- To capture the structured settlement tax subsidy;
- To create single claimant QSF ambiguity.
What issues does Babener not address or prioritize in his QSF paper?
- Structured settlement public policy for non-tax government benefits:
- Social security
- Medicare
- Medicaid
- Veterans benefits
- Section 8 housing
- State structured settlement legislation:
- Protection statutes
- Exemption statutes
- UCC Article 9 assignments
- Periodic Payment of Judgments statutes
- The impact of health care reform on structured settlements.
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