Saturday, November 28, 2009

Wrongful Death Structured Settlements

Although many people seem to think a wrongful death action is a criminal case, it is not. A wrongful death action is a civil suit with the award called a structured settlement.

Those who have experienced the loss of a loved one thanks to the actions of another individual or a company may file a wrongful death claim or lawsuit in civil court. Perhaps the best example of a potential wrongful death suit is the proposed suit to be launched by Katherine Jackson, Michael Jackson’s mother.

The people who choose to bring the lawsuit are called plaintiffs and the people they file the suit against are called defendants. The main difference between civil and criminal actions is that in a civil action damages are awarded to the plaintiff and in a criminal lawsuit it’s the state taking action after a crime has been committed.

The kind of damages awarded in civil cases tends to vary from state to state and it’s best to consult with a skilled wrongful death attorney for further information. Some of the factors taken into consideration when an award is determined have to do with how the deceased handled money while alive, what income would have been earned had they lived (future earnings), the cost of the death which includes medical and funeral expenses, and the suffering and pain of the family left behind to cope without their deceased family member. Awards in these kinds of cases are typically referred to as a settlement, and are usually paid out over a “structured or specified” length of time.

Structured settlements are handled in a variety of ways. Typically, once the award has been made a structured settlement factoring transaction kicks in, letting the family get a lump sum payment instead of many smaller, proportioned amounts. At this point some plaintiffs opt to sell their rights to get all or part of their future payments immediately. This is something that definitely needs to be discussed with a highly qualified wrongful death attorney, as although there may be advantages to selling the structured settlement, it isn’t the right route to go for everyone.

It’s not unusual for people to sell their settlements to get money up front because in most instances by the time the award comes through they are in need of money to pay overdue bills and other expenses such as educational needs, improved housing, different transport, and unexpected and continuing medical bills and rehabilitation.


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Sunday, November 15, 2009

Markit to Acquire Loan Settlement System

Markit, a global financial information services company, today announced it has agreed to acquire ClearPar from FIS. ClearPar is an automated syndicated loan operations platform used for the settlement of par and distressed loan trades in the U.S. and Europe.Markit will integrate ClearPar with parts of its WSO division, a provider of portfolio management software and services for the syndicated loan market, to create an electronic loan settlement platform for buy-side and sell-side market participants. The combination of ClearPar and Markit's loan business will help reduce counterparty and operational risk in the approximately $600 billion leveraged loan market by improving loan settlement times.
Lance Uggla, Chief Executive Officer of Markit, said in a release: "Markit has spent the past five years focused on all aspects of the loan market, from loan pricing, identifiers and indices to portfolio management software and services. Our acquisition of ClearPar enhances our loan offering and allows us to combine parts of Markit WSO, a platform that is used by the buy-side, with ClearPar, which is widely used by the sell-side. By bringing these two assets together, Markit will be able to connect the market electronically, creating significant operational efficiencies. I believe this will be well received by market participants and regulatory bodies alike."
Armins Rusis, Executive Vice President and Global Co-Head of Fixed Income at Markit, said in the release: "We are excited about the ClearPar acquisition and the positive impact it will have on the marketplace. The combination of Markit's loan processing and data platform with ClearPar's settlement system will allow us to introduce faster, more accurate settlement of loan trades. Existing and prospective investors in the syndicated loan market have been seeking a global solution for some time."
ClearPar, launched in 2001, is part of FIS's Advanced Commercial Banking Solutions (ACBS) division and provides a middle-office platform for trade settlement in the syndicated loan market. The platform supports primary assignments and secondary market trading for U.S. and European credits, including a distressed debt settlement service that launched earlier this year. Markit WSO provides data, software and services designed to make the management of syndicated bank loans and structured deals more efficient and accurate.
E.A. Kratzman, President of Katonah Debt Advisors, said in the release: "As a major investor in credit, I view the combination of Markit and ClearPar as the most positive step toward true automation of closing and settlement in the loan market in many years. Most market participants are eager to see syndicated loan processing and trade settlement achieve the levels of workflow speed and efficiency that have evolved in other financial markets."
Richard Levy, President of FIS' ACBS division, said in the release: "FIS is proud of the innovation we have brought to the commercial loan marketplace including LMA settlement and, most recently, distressed trade settlement. This transaction will allow FIS' ACBS division to sharpen its focus on its market leading Loan Servicing System and front-office suite of products in sales, syndication and loan trading."


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