The Bankruptcy Protector

The Bankruptcy Protector

In the aftermath of 2017’s Hurricane Irma, wide swaths of Florida lost power. At The Rehabilitation Center at Hollywood Hills, 12 elderly patients succumbed to the heat when the skilled nursing facility’s air conditioning system failed following the electrical outage. In response, Florida’s legislature passed a law requiring all nursing homes and assisted living facilities to have backup generators capable of maintaining cool temperatures.

Mr. O’Neill held a Buy-Out-Bond (BOB) with a pension provider. The retirement options were standard for such a product; allowing for the purchase of annuity, or investment in an Approved Retirement Fund (ARF) or Approved (Minimum) Retirement Fund (AMRF) as well as providing for taxable and non-taxable lump sum entitlements. Mr. O’Neill denied any entitlement of his official assignee (OA) in bankruptcy in exercising the retirement options provided by his pension where a Bankruptcy Payment Order (BPO) pursuant to s85 of the Bankruptcy Act 1988 (Act) had not been obtained.