Colonial pays cash for structured settlements!
Idaho statues
regarding Structured Settlements.
|
This state statute overseeing the
sale of structured settlement payments and
the buying of annuities is basically the
Model Act and complies with Federal Law
(Colonial's interpretation)
|
IDAHO CODE
TITLE 28. COMMERCIAL TRANSACTIONS
CHAPTER 9. SECURED TRANSACTIONS
Part 1. General Provisions
Current through the 2001 Cumulative
Supplement (1st Regular Session of the 56th Legislature)
|
 |
|
28-9-109 Scope.
(a) Except as otherwise provided in subsections (c)
and (d), this chapter applies to:
(1) A transaction, regardless of its form, that creates
a security interest in personal property or fixtures
by contract;
(2) An agricultural lien;
(3) A sale of accounts, chattel paper, payment intangibles
or promissory notes;
(4) A consignment;
(5) A security interest arising under section 28-2-401,
28-2-505, 28-2-711(3) or 28-12-508(5), as provided in
section 28-9-110; and
(6) A security interest arising under section 28-4-210
or 28-5-120.
(b) The application of this chapter to a security
interest in a secured obligation is not affected by
the fact that the
obligation is itself secured by a transaction or interest
to which this chapter does not apply.
(c) This chapter does not apply to the extent that:
(1) A statute, regulation, or treaty of the United
States preempts this chapter;
(2) Another statute of this state expressly governs
the creation, perfection, priority or enforcement of
a security
interest created by this state or a governmental unit
of this state;
(3) A statute of another state, a foreign country,
or a governmental unit of another state or a foreign
country,
other than a statute generally applicable to security
interests, expressly governs creation, perfection, priority
or
enforcement of a security interest created by the state,
country or governmental unit; or
(4) The rights of a transferee beneficiary or nominated
person under a letter of credit are independent and
superior under section 28-5-114.
(d) This chapter does not apply to:
(1) A landlord's lien, other than an agricultural lien;
(2) A lien, other than an agricultural lien, given
by statute or other rule of law for services or materials,
but section
28-9-333 applies with respect to priority of the lien;
(3) An assignment of a claim for wages, salary or other
compensation of an employee;
(4) A sale of accounts, chattel paper, payment intangibles
or promissory notes as part of a sale of the business
out of which they arose;
(5) An assignment of accounts, chattel paper, payment
intangibles or promissory notes which is for the purpose
of collection only;
(6) An assignment of a right to payment under a contract
to an assignee that is also obligated to perform under
the contract;
(7) An assignment of a single account, payment intangible
or promissory note to an assignee in full or partial
satisfaction of a preexisting indebtedness;
(8) A transfer of an interest in or an assignment of
a claim under a policy of insurance, other than an assignment
by or to a health care provider of a health care insurance
receivable and any subsequent assignment of the right
to payment, but sections 28-9-315 and 28-9-322 apply
with respect to proceeds and priorities in proceeds;
(9) An assignment of a right represented by a judgment,
other than a judgment taken on a right to payment that
was collateral;
(10) A right of recoupment or set-off, but:
(A) section 28-9-340
applies with respect to the effectiveness of rights
of recoupment or set-off against
deposit accounts; and
(B) section 28-9-404
applies with respect to defenses or claims of an account
debtor; (11) The creation or
transfer of an interest in or lien on real property,
including a lease or rents thereunder, except to the
extent that
provision is made for: (A) liens on real property in
sections 28-9-203 and 28-9-308; (B) fixtures in section
28-9-334;
(C) fixture filings in
sections 28-9-501, 28-9-502, 28-9-512, 28-9-516 and
28-9-519; and
(D) security agreements
covering personal and real property in section 28-9-
604;
(12) An assignment of a claim arising in tort, other
than a commercial tort claim, but sections 28-9-315
and
28-9-322 apply with respect to proceeds and priorities
in proceeds;
(13)(A) A claim or right to receive compensation for
injuries or sickness as described in (i) 26 U.S.C. section
104
(a)(1) and (ii) on and after the effective date of this
chapter, in 26 U.S.C. section 104(a)(2), as those sections
may
be amended from time to time. Notwithstanding the foregoing,
this chapter (other than sections 28-9-406(d) and
28-9-408(a) and (c), Idaho Code, in the case of transfers
made on and after the effective date of this chapter)
shall apply to such compensation as described in 26
U.S.C. section 104(a)(2) if the sale, pledge, assignment
or
other transfer of rights to receive such compensation
under a structured settlement is approved by the final
order
of a court pursuant to, and otherwise complies with,
the requirements of paragraph (B) of this subsection.
Continue to Part 2 >> |