40-465. Same; application for approval of transfer of structured settlement payment rights; procedure.
40-465
40-465. Same; application for approval of transferof structured settlement payment rights; procedure.(a) An application for approval of a transfer of structured settlement paymentrights shall be made by the transferee and may be brought in:
(1) The county in which the payee resides;
(2) the county in which the structured settlement obligor or the annuityissuer maintains itsprincipal place of business; or
(3) any court or before any responsible administrative authority whichapproved thestructured settlement agreement.
(b) The transferee shall file with the court or responsible administrativeauthority and serve on allinterested parties a notice of the proposed transfer and the application forits authorization not lessthan 20 days prior to the scheduled hearing on any application for approval ofa transfer of structuredsettlement payment rights underK.S.A. 2009 Supp.40-463 and amendmentsthereto. Such noticeshall include:
(1) A copy of the transferee's application;
(2) a copy of the transfer agreement;
(3) a copy of the disclosure statement required underK.S.A. 2009 Supp.40-462 andamendments thereto;
(4) a listing of each of the payee's dependents, together with eachdependent's age;
(5) notification that any interested party is entitled to support, opposeor otherwise respond to the transferee's application, either in person or bycounsel, by submitting writtencomments to the court or responsible administrative authority or byparticipating in thehearing; and
(6) notification of the time and place of the hearing and notification ofthe manner in whichand the time, which shall not be less than 15 days after service of thetransferee's notice,by which written responses to the application must be filed in order to beconsidered by thecourt or responsible administrative authority.
History: L. 2005, ch. 57, § 5; July 1.