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Lump Sum Capital, LLC v. Ciemielewski

Other Lower Courts

January 22, 2008

In the Matter of the Petition of Lump Sum Capital, LLC, Petitioner,
v.
Brian K. Ciemielewski, Symetra Life Insurance Company, and Symetra Assigned Benefits Services Comapny, Respondents.

Editorial Note:

This case is not published in a printed volume and its disposition appears in a table in the reporter.

COUNSEL

Counsel for Petitioner: Sacco & Fillas, LLP By: Luigi Brandimarte, Esq., of Counsel Brian K. Ciemielewski

Respondent, pro se

OPINION

Ferris D. Lebous, J.

Petitioner, Lump Sum Capital, LLC, moves for judicial approval of the proposed transfer of certain future payment rights of Brian K. Ciemielewski under a structured settlement agreement in exchange for the present payment of a discounted lump sum (General Obligations Law 5-1701 et seq.).

Mr. Ciemielewski, currently age 41, obtained a structured settlement arising out of a workplace injury action that occurred in 1986 receiving $35,215 cash at the time of the settlement and monthly payments of $800 for life (guaranteed for 40 years), together with a structured settlement as follows:

5-17-1994 $5,000 lump sum payment

5-17-1999 $10,000 lump sum payment

5-17-2004 $25,000 lump sum payment

5-17-2009 $25,000 lump sum payment subject of Petition No. 1

5-17-2014 $50,000 lump sum payment subject of Petition #2

5-17-2019 $50,000 lump sum payment Petition #3--all $50,000

5-17-2024 $100,000 lump sum payment Petition #3-- 1/2 $50,000

5-17-2029 $150,000 lump sum payment

Past Applications

This is not Mr. Ciemielewski's first request to sell a portion of the above-referenced personal injury settlement. Before addressing the terms of the proposed current transfer, the court will review Mr. Ciemielewski's two prior petitions.

Petition #1

In 2005, a petition was filed on Mr. Ciemielewski's behalf by 321 Henderson Receivables, L.P., requesting permission to sell a $25,000 lump sum payment due on May 17, 2009 at an annual discount rate of 15.73% with a net payment to Mr. Ciemielewski of $13,600.00 (Broome Index No. 2005-0726). [1] As part of said 2005 petition, Mr. Ciemielewski averred that he sought to pay the balance on his car loan ($9,000) and pay his divorce attorney ($5,000). Mr. Ciemielewski further represented that he was a bus driver for ...


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