RULE 15-1302. PETITION FOR APPROVAL
West's Annotated Code of MarylandMaryland RulesEffective: July 1, 2021
Effective: July 1, 2021
MD Rules, Rule 15-1302
RULE 15-1302. PETITION FOR APPROVAL
Cross reference: For shielding requirements applicable to identifying information contained in the payee's Consent, see Rule 16-915 (h).
(I) proof of the petitioner's current registration with the Office of the Attorney General as a structured settlement transferee or a copy of a pending application for registration as specified in Code, Courts Article, § 5-1107, if the Office of the Attorney General has not acted within the time specified in Code, Courts Article, Title 5, Subtitle 11.
Committee note: To comply with subsection (c)(5) of this Rule, the petitioner should refer to places in the complaint containing the allegations or statements, rather than repeating the allegations or statements in the petition.
(8) state (A) the total amount to be paid under the transfer agreement; (B) the net amount to be received by the payee, after deducting all fees, costs, and amounts chargeable to the payee; and (C) the discounted present value of the payments that would be transferred as determined in accordance with Code, Courts Article, § 5-1101 (b); and
(9) contain a calculation and statement in the following form: “Based on the net amount that the payee will receive from the transferee and the amounts and timing of the structured settlement payments that the payee is transferring to the transferee, the payee will be paying an implied, annual interest rate of __________ percent per year on this transaction, if it were a loan transaction”;
(d) Exhibits. If a settlement agreement, complaint, court order, or other document contains sensitive personal financial or medical information or information subject to a non-disclosure obligation, it shall be filed under seal. If any document required to be attached as an exhibit is unavailable, the petitioner shall state that fact and any effort made by the petitioner to locate and obtain the document.
(f) Hearing Date and Notice. Upon the filing of a petition under this Rule, the court shall set a hearing date. Unless otherwise ordered by the court, the hearing date shall be no earlier than 40 days after the date of filing. The court shall send to the petitioner a written notice of the date, time, and location of the hearing.
[Caption of case] |
IMPORTANT COURT NOTICE |
___________________________has filed the enclosed |
(Name of Petitioner) |
Petition requesting court approval of a transfer of some or all of the structured settlement payment rights of |
(Name of Payee). |
You are named as an “interested party” in the petition. As an “interested party,” you are entitled to support, oppose, or otherwise respond to the petition, in person or by counsel, by submitting written comments to the court or by participating in the hearing.
Notice of the date, time, and location of the hearing is enclosed.
Credits
[Adopted Dec. 7, 2015, eff. Jan. 1, 2016. Amended Dec. 13, 2016, eff. Apr. 1, 2017; June 29, 2020, eff. Aug. 1, 2020; March 30, 2021, eff. July 1, 2021.]
MD Rules, Rule 15-1302, MD R SPEC P Rule 15-1302
Current with amendments received through February 1, 2024. Some sections may be more current, see credits for details.
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