Nature of the Case
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Facts
State Lottery Law prohibits the assignment of lottery prizes. P won the Missouri Lottery 'Lifetime Riches' prize. P was to receive $50,000.00 per year for the rest of his life with a minimum payout of thirty years. P entered into a loan agreement with D where P granted D a security interest in the 'Assignment of all Missouri Lottery Payments' in exchange for a $100,000.00 loan. P executed a document titled 'Missouri Lottery Payments' in which he agreed 'to have all funds from the Missouri Lottery be deposited in an account' at D 'for the purpose of securing payment of each and every debt, liability, or obligation of every type or description which P may now, or at any time hereafter owe to' D. D was given full authority and withdrawal rights on the account and P 'may not revoke this agreement.' The Missouri Lottery acknowledged the agreement. P executed a second loan agreement with D in exchange for a $713,670.96 loan. P agreed to make twelve installment payments of $500.00 and one final balloon payment of $708,170.96 on July 15, 2011. P filed a petition for declaratory judgment against D and the Missouri Lottery Commission. P claimed the agreement constituted an unlawful assignment of lottery proceeds and was void. D alleged that the agreement was a lawful assignment under § 9-406. D filed a motion for summary judgment. P contends § 313.285 prohibits the assignment of lottery proceeds thereby making the assignment void. The court ruled for D and P appealed.
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