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Berkshire Hathaway Structured Settlement Hardship Exchange Program

Written by Jovan Johnson, Esq.
updated April 6, 2026

The Berkshire Hathaway Hardship Exchange Program allows people who receive structured settlement payments from Berkshire Hathaway Group Structured Settlements to obtain cash upfront when they face financial difficulty. If a hardship application is approved by Berkshire and the transaction is approved by the court, Berkshire will purchase a portion of future payment rights at a lower-than-market-rate fee in exchange for a lump sum of cash.

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How to Apply to Berkshire’s Hardship Exchange Program

Illustration of a smiling female wearing a headset, working on a laptop, with icons of a phone, gears, upward graph, and communication symbols in the background.

You can start the process of receiving help from the Hardship Exchange Program by calling them at (402) 916-3799. While acceptance criteria are not publicly available, there are two clear requirements: 1) the seller must hold a structured settlement annuity issued by Berkshire Hathaway, and 2) be willing to sell rights to at least some future payment rights.

Do You Have to Sell Your Structured Settlement Payments?

Illustration of a man and woman celebrating around a large wallet filled with cash and coins, with dollar signs and decorative stars symbolizing financial success or successfully selling structured settlements.

Yes, receiving money from the Hardship Exchange Program requires that you sell rights to some of your future structured payments. There are no loan products on the market that allow people to use their structured settlement payments as collateral. Berkshire’s business is not set up to profit by purchasing settlement payment rights from structured settlement holders to whom Berkshire delivers payments. This means that there is minimal, if any, profit for a completed Hardship transaction. Response times can be inconsistent, which we attribute to the program not being a core profit driver for Berkshire. Many companies that purchase these rights submit aggressive offers that favor the buyer over the settlement holder.

How Berkshire Protects Settlement Recipients from Bad DealsIllustration of a counseling or interview session with two people talking on a couch and a woman taking notes across from them.

Berkshire Group Structured Settlements may intervene in proposed structured settlement payment transactions involving Berkshire Hathaway annuity payment recipients and predatory terms. Intervention comes in the form of a filing to the court that comes down to five steps:

  • Establishing that a company has submitted a bad offer,
  • Establishing that this offer is not in the best financial interest of the settlement payment recipient,
  • Submitting a better offer,
  • Asking the court/judge to accept Berkshire’s offer instead of the bad offer, and
  • The judge decides whether the original offer is fine, in which case the deal continues to assignment and payment, OR
  • The judge deciding that the original deal is not in the person’s best interest and allowing the newly proposed offer to move forward instead.

How Long Does the Hardship Exchange Application Process Take?

Based on conversations with our clients, processing times vary significantly from weeks to months depending on your individual circumstances and documentation. We recommend calling Berkshire directly at (402) 916-3799 to request a timeline estimate. 

What Happens If Your Hardship Application Is Denied?

If Berkshire denies your hardship application, you may still have options. Contact AnnuityFreedom for a free quote for your payment rights by completing the form on this page or calling us at (877) 547-3672.