Examples of Qualified Assignment in a sentence
Even were this section to apply to the Qualified Assignment, however, that section makes clear that the merepresence of a non-assignment clause in the contract would not prevent the Trustee from assigning the Debtor’s right to receive payments.
American General’s arguments assume that the Trustee may not assign the Debtor’s rights under the Qualified Assignment without the consent of AGAC.
Further, the Qualified Assignment expressly provides that, although AGAC may direct that payments under the Annuity Contract be made directly to the Debtor, this is solely for the convenience of AGAC and “shall not provide the Claimant or any payee with any rights of ownership or control over the ‘qualified funding asset’ [the Annuity Contract] or against the Annuity issuer.” Immediately preceding the filing of the bankruptcy case, the Debtor held no rights under the Annuity Contract.
We have already seen that American General failed to consider the application of the Bankruptcy Code to the anti-assignment language in the Qualified Assignment, and further that nothing in the structured settlement laws of either Tennessee or Texas prohibits transfer of the right to receive payments under a structured settlement agreement.
The Trustee proposes to assign the Debtor’s rights under the Qualified Assignment pursuant to section 363(b)(1) of the Bankruptcy Code, which provides:The trustee, after notice and a hearing, may use, sell, or lease, other than in the ordinary course of business, property of the estate.11 U.S.C. § 363(b)(1).