Md. R. Spec. Proc. 15-1307

As amended through October 15, 2024

Rule 15-1307 - Findings

In deciding whether to grant the petition, the court shall consider the standards set forth in Code, Courts Article, § 5-1102 and Internal Revenue Code, § 5891(b)(2)(A), and make an express finding upon a preponderance of the evidence as to each and whether the payee's consent is knowing and voluntary.

Md. R. Spec. Proc. 15-1307

This Rule is new.

Adopted Dec. 7, 2015, eff. 1/1/2016. Amended Dec. 13, 2016, eff. 4/1/2017.

HISTORICAL NOTES

2016 Orders

The December 13, 2016, order, amended the Rule to conform to Chapter 722, Laws of 2016 (SB 734 ).

Committee note: Internal Revenue Code, § 5891(b)(2) requires that, to avoid imposition of an excise tax on the transfer of structured settlement payment rights, there must be a final order of a court that finds that the transfer (i) does not contravene any federal or state statute or order of any court or responsible administrative authority, and (ii) is in the best interest of the payee, taking into account the welfare and support of the payee's dependents.