Payments Under the NFL’s Brain Injury Settlement Are Held Exempt on Appeal

In the first-ever appeal from the first decision on the question, a district judge in Florida upheld Bankruptcy Judge John K. Olson of Fort Lauderdale by ruling that payments under the National Football League Players’ Concussion Injury Litigation Settlement are exempt assets under Section 522(d)(10)(C). The chapter 7 debtor was a retired 10-year veteran of the NFL. The former All American was a first-round pick in the 1992 NFL draft. On account of neurocognitive impairment, he claimed that whatever he receives under the concussion settlement will be exempt. The trustee objected to the claimed exemption. Although Florida does not allow its citizens to take federal exemptions, state law allows Floridians to claim exemptions under Section 522(d)(10). Subsection (C) allows debtors to exempt the right to receive “a disability benefit, illness, or unemployment benefit.” Judge Olson upheld the exemption claim on June 27, 2018, ruling that the payments are exempt assets under Section 522(d)(10)(C).

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