Legal Opinion

In re Keena

New Jersey Superior Court Appellate Division

Decided June 18, 2015Published

1Opinion of the Court

NELSON C. JOHNSON, J.S.C.

This matter arises under the Structured Settlement Act, N.J.S.A. 2A:16-63 (hereinafter the “Act”), particularly, N.J.S.A. 2A:16-66, which requires approval of sale or transfer by the court, and a judicial finding that the sale is in the payee’s best interest. Said section of the Act reads as follows:

Court or administrative approval of transfer. No direct or indirect transfer of structured settlement payment rights shall be effective and no structured settlement obligor or annuity issuer shall be required to make any payment directly or indirectly to any transferee of…

2Cases cited4 opinions

  1. Johnson v. Structured Asset Services, LLC, Texas Court of Appeals, 5th District (Dallas)2004
  2. Wentworth v. JonesCourt of Appeals of Kentucky · 2000
  3. In re Settlement FundingNew York Supreme Court · 2003
  4. In Re JackusUnited States Bankruptcy Court, D. New Jersey · 2011

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