Metropolitan Life Insurance Company and Metropolitan Tower Life Insurance Company v. Structured Asset Funding, LLC D/B/A 123 LumpSum, Andrew Jonathan Settlement Fund, LLC, and Bradley Turpin. ( 2015 )

ACCEPTED
14-15-00584-CV
Filed
FOURTEENTH COURT
7/9/2015 OF APPEALS
11:04:58 AM
HOUSTON,
Dwight TEXAS
D. Sullivan
7/14/2015 9:14:11
County ClerkAM
CHRISTOPHER
Galveston PRINE
County, Texas
CLERK
Cause No. CV-0037918
INRE § IN THE COUNTY
FILED IN
COURT
§ 14th COURT OF APPEALS
BRADLEY TURPIN § HOUSTON,
AT LAW TEXAS
NO. 2
§ 7/14/2015 9:14:11 AM
§ CHRISTOPHER
GALVESTON COUNTY, TEXASA. PRINE
Clerk
NOTICE OF APPEAL OF INTERESTED PARTIES METROPOLITAN INSURANCE
AND ANNUITY COMPANY AND METRO POLITAN LIFE INSURANCE COMPANY
Interested Parties Metropolitan Life Insurance Company and Metropolitan Tower Life
Insurance Company give notice of their intent to appeal the trial court's Final Order Approving
Transfer of Structured Settlement Payment Rights (the "Final Order") rendered on June 10,
2015, in Cause No. CV-003 79 18, styled In Re Bradley Turpin, in the County Court at Law No.
2, Galveston County, Texas, to the First or Fourteenth Court of Appeals, Houston, Texas. A true
and correct copy of the Final Order is attached and incorporated herein by reference.
Respectfully submitted,
By: ill it:
Patri~k B. l arkin
State Bar No. 24013004
The Larkin Law Firm, P.C.
11200 Broadway, Suite 2705
Pearland, Texas 77584
(281) 412-7500 Telephone
(28 1) 412-7502 Fax
Email: plarkin@larkin-law.com
Attorneys for Metropolitan Life Insurance
Company and Metropolitan Tower Life
Insurance Company
CERTIFICATE OF SERVICE
I certify that on Ju { V i , 2015 a true and correct copy of the foregoing instrument
was served electronically/ by hand delivery, facsimile, certified mail/return receipt requested,
and/or first class mail to all parties of record and interested parties.
I ~ -
1'.~/l. 'fL
Pafu B. Larkin
CAUSE NO. CV-0073918
§ IN THE COUNTY COURT
INRE: §
§ AT LAW NO. 2
BRADLEY TURPIN §
§ GALVESTON COL.'NTY, TEXAS
FINAL OBDER APPROVING TRANSFER OF
STRUCTURED SETTLEMENT PAYMENT RIGHTS
On the 13 •h day of May, 20 IS, Ihis case came on for final hearing and lriaJ and
consideration by 1he Court of lhe Application for Approval of Sale of Partial Payment Rights
(lhe " Application") tiled by Suucturcd Asset Fund ing, LLC d/b/a 123 LumpSum, as lhc
transferee (MSAF" or "Transferee"), and Bradley Turpin as the payee ("Payee" or "Mr. Twpin'')
pursuant co Chapter 141 of the Texas Civil Practice & Remedies Code (the "Texas Transfer
Suitute"). The Court, after due consideration of the Appl ication, the Objection and Response lo
the proposed transfer filed by Metropolitan Tower Life lnsurance Co1npany and !\ilelropolitan
Life Insurance Company (the "MetLife O pposition'"), and the other pleadings and documents on
file with the Court end the evidence and testimony presented at the hearing, hereby makes the
following findings :
1. This Court has subject matter jurisdiction over Ibis proceeding and personal
jurisdiction over the panics. Venue of this matter is proper in Ga lveston County, Te xas and this
Court because Mr. T wpin resides in Galveston Co unty, Texas. All persons/entities entitled to
be served and/or provided notice of these proceedings have been served and/or pro vided such
notice or have appeared in this proceeding directly and/or through counsel.
2.
FILED
Mr. Turpin is currently entitled to receive structured settlement payments from
15JUN 10 AHI0:33
Metropolitan Tower Life Insurance Company (" MetLife Tower''). MetLife Tower funded its
obligation to make those struc tured Seltlcment payments to Mr. Turpin
1~1·:._
w41'tis'5-..i.rd-ii
CO"l'"Y C' r ``
f!NAL ORDER APPROVING Tl\ANSF'ER Of' GALV( $ •• ; '. ·~;; ' r ,.. '
STRUCTURED SEITLEMENI PAYMENT RIGHTS-Pact I or 8
COUNTY OF GALVESTON
The above is a full . true. and correct ph otographic copy of the original record now in my lawful custody and possess ion, as the
same is recorded in the Officia l Public Records of Count~ Coun at Law No 2 in my o ffi ce.
I hereb) ceni fy on June I0, 20 15
an annuity (Group Annuity contract no. 8298, certificate no. 82886) b)· Metropolitan Life
Insurance Company ('Metropolitan Life").
3. Mr. Turpin is married and has two minor children and therefore has three (3)
dependents, as that term is defined in the Texas Transfer Statute.
4. Mr. Turpin agreed in a Purchase and Assigrunent Agreement Contract dated on
or about March 10, 2015 (the "Transfer Agreement," a copy of which was filed with the Court
as an exhibit to the Application) to transfer and assign to SAF 174 panial monthly payments io
the amount of One Thousand Eight Hundred Fifty and No/100 Dollars ($1,850.00) each
commencing April 15, 2015 and continuing through and including September 15, 2029. (These
monthly payments which were to be transferred and assigned by Mr. Turpin from April of2015
through September of 2029 shall hereafter be referred to as the " Turpin Assigned Payments." 1
5. The total monthly structured settlement/annuity payments coming due and 0'4i ng
from and after the date of this Final Order through September of2029 [the "Tenn"), which have
not been previously transferred and assigned ro third parties pursuant to a court-approved
transfer/assignment of such payments (the "Previously Assigned Payments")2, shall be referred
1
A ponion of the April, M.ay and June 201 S monthly structured settlement/annuity payments 1ha1 have not been
previously transfened and iwigned were inili&lly contempla1ed by Turpin and SAF to be included in the
1r1n11crion dt11 is the subject of this final Order. However. tho.se payments have already come due and owing and
been paid and received by Me1Life to Turpin (or will be whhin !he next few days alter this order is being submitted
to the court) and will therefore not be included In !he Turpin Assigned Payments. MetLife hos fully complied with
iu obligation relative to 1hc April, May, and June 20 IS payments remitted to Mr. Turpin prior to the date of this
final Order. The TUl}lin Assigned Payments will 1herefore begin with the July 201 S payment for purposes ofrhis
Final Ordct.
1
Mt. Turpin completed• prior tnnsaction involving a ponion of his monthly strucrurcd settlement paymenu due
and owing by MccLife during the Term with Bentzen f inancial, LLC and i1s desi&llated 1ssig11ee, SuaonParli:
Structured Settlernenis. LLC, in 2012, which ITtnuction was approved in a Final Order Approving Transfer of
Struaurtd Senlemcnt Payment Righ!s (!he "2012 Order") by the Oalveston County Coun at Law 'No. 3, in Cau:ie
No. CV-68114. In thiu 2012 transaction and 2012 Order, Mr. Turpin lrlnsferTed and &>signed to
BentunlSunonParl< partial moothly paymenu in the amount ofS 2,SOO frvm Novcmba' 2012 through September
2029. Mr. Turpin also tomple1ed a prior rransaction involving a ponion of his monthly structured settlement
payments due and owing during the Term with Srruaured Auet funding, LLC and Its designated assignee,
Madison Avery Scttlcmcn! Fund, LLC in 2013, whicli transaction \ \AS approved in a f inal Order Approving
Assisnmcnt ofS!naclured Settlement Payments (the '"2013 Order") by the Galveston County Court II Law 'No I, in
FlrfAL ORDER APPRQy!NG TRANSFER Of
STRUCIUR[D SEULEMENI PAYMENT R!GHTS--Pact 2 of 8
COUNTY OF GALVESTON
I he a~o'e is a ful_I. true, and _c orrect ~hotographic cop) of the original record now in m) lawful custod) and possession. as the
same 1s recorded in the Offictal Publrc Records of County Court at I aw No 2 in my offi ce.
I hereby certify on June I0, 2015
to as the "Tenn Payments.~1 A portion of each monthly Tean Payment coming due and owing
!Tom and aft.er the date of this Final Order through September of 2029 that are not being
transferred and assigned by Mr. Turpin (the "Turpin Assigned Payments"), and which have not
been previously transferred and assigned by Mr. Turpin, under the Prior Court Orders (the
Previously Assigned Payments} and which shall be retained by Mr. Turpin, shall hereafter be:
referred to as the "Remaining Turpin Monthly Payments".
6. SAF has assigned all of its right, title, and interest in and to the Transfer
Agreement and the Turpin Assigned Payments lo an affiliate, Andrew Jonalhan Settlement
Fund, LLC ("Andrew Jonathan"). The proposed transfer of the Turpin Assigned Payments by
Mr. Turpin to SAF and, ultimately, to Andrew Jonathan, as reflected in the Transfer Agreement
and described in the Application, satisfies and complies with all statutory requirements of
Chapter 141 of the Texas Civil Practice and Remedies Code (the "Texas Transfer Statute''), and
docs not contravene any applicable statute or an order of any court or other governmental
authority. The transfer also satisfies the Internal Revenue Code Section 5891 and does not
contravene any Federal or SIAte statute or the order of any court or responsible administrative
authority.
C1usc No. CV·69309. In that 2013 111ns1C1ion and 20 13 Otdc.r, Mr. Turpin aansfmed and &.\signed to
SAF/Madison Avery patti1I monthly payments in the amount oCS 1,000 each from May 2013 drou&h April of
2021. The payments previously transferred 111d assigned by Mr. Turpin in the 2012 Order ind 2013 Order shall
hereafter be referred to as lhe Previously Assigned Payments. The Court finds that MetLife is making the
Previously Assigned P1ymenl5 dircc:tly to SunonPark md M1dison Avery pursuant to the 20 I 2 Order and 20 l 3
Order 1111d wrn con1inue to do so dler this order is signtd.
1 As~ r