Abatis, LLC v. Brown et al

Filing 17

FINAL ORDER GRANTING DECLARATORY RELIEF. Signed by District Judge Elizabeth K. Dillon on 12/6/17. (sas)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF VIRGINIA
(Roanoke Division)
ABATIS, LLC
Plaintiff,
vs.
BRIAN BROWN
Defendant.

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Civil No. 7:17-cv-00410
By: Elizabeth K. Dillon
United States District Judge

FINAL ORDER GRANTING DECLARATORY RELIEF
UPON CONSIDERATION of plaintiff’s, Abatis, LLC, Complaint for Declaratory Relief
pursuant to 28 USC § 2201 (“the Complaint”), and it appearing that the defendant, Brian Brown,
consents to the relief requested in the Complaint, the court makes the following findings:
1. That Brian Brown is an adult resident of the County of Roanoke, in the
Commonwealth of Virginia.
2. By the terms of a Settlement Agreement and Release (the “Settlement Agreement”),
approved by an order entered in this court on April 15, 1988, in Civil Action Number
85-0387-R (the “Order”), Brian Brown became entitled to receive periodic payments
under a structured settlement (the “Settlement Payments”).
3. In order to fulfill its obligation to make the Settlement Payments, the defendant in the
underlying lawsuit assigned its obligation to Allstate Assignment Company. Allstate
Assignment Company purchased an annuity from Allstate Life Insurance Company,
who issued the subject annuity policy.

4. The Settlement Agreement contains an anti-assignment provision. The order
approving the Settlement Agreement incorporates by reference the underlying the
Settlement Agreement.
5. Brian Brown, desiring to receive a lump sum payment now in lieu of certain of the
Settlement Payments he would otherwise receive pursuant to the Settlement
Agreement and Order, agreed to transfer to Abatis, the following: 1 lump sum
payment of $42,500 due on or about April 8, 2021; and 1 lump sum payment of
$53,000 due on or about April 8, 2026 (the “Assigned Payments”).
6. Virginia Code Ann. 59.1-475 et seq. (the “Virginia Transfer Act”) permits the
transfer of structured settlement payment rights due under an Annuity Policy such as
the one in this case, as long as the parties comply with the provisions of the Virginia
Transfer Act, and the court determines the transfer of structured settlement payment
rights does not contravene any federal or state statute or the order of any court or
responsible administrative authority, and is in the best interest of the payee, taking
into account the welfare and support of the payee’s dependents.
7. Brian Brown executed an Absolute Sale and Security Agreement (defined as a
“Transfer Agreement” under Virginia Code Ann. §59.1-475).
8. Pursuant to Virginia Code Ann. 59.1-475 et seq., Abatis brought a Petition for Court
approval of a transfer of Structured Settlement Payment Rights (the “Petition”) in the
Circuit Court for the County of Roanoke, Virginia (“the Circuit Court”).
9. On August 21, 2017, the Circuit Court held a hearing on the Petition and granted the
relief requested in the Petition.

10. An Order approving the transfer of structured settlement payment rights (the “Circuit
Court Order”) was entered by the Circuit Court on August 21, 2017.
Now therefore, in consideration of the foregoing facts, it is ORDERED, ADJUDGED
AND DECREED that notwithstanding any language to the contrary in the Settlement Agreement
and Release, and Order entered in this court on April 15, 1988, in Civil Action No. 85-0387-R,
the defendant, Brian Brown, may transfer any portion of his structured settlement payment rights
pursuant to a valid court order obtained pursuant Virginia Code Ann. 59.1-475 et seq.
The clerk shall provide a copy of this order to counsel for Abatis, LLC and to Mr. Brown.
It is further directed that the clerk shall STRIKE this case from the active docket of the court.
Entered: December 6, 2017.

/s/ Elizabeth K. Dillon
Elizabeth K. Dillon
United States District Judge