PJC Business

PJC 105.30

F RAUD AND N EGLIGENT M ISREPRESENTATION

PJC 105.30 Question on Affirmative Defense for Insider (Tex. Bus. & Com. Code § 24.009(f))

If you answered “Yes” to any part of Question ______ [ 105.28 ], then answer the corresponding part of the following question. Otherwise, do not answer the following question. QUESTION ______ Was the transfer made under any of the circumstances listed below? 1. After the transfer, the insider gave new value, not secured by a valid lien, to or for the benefit of Dean Debtor ; 2. the transfer was made in the ordinary course of business or finan cial affairs of Dean Debtor and the insider; or 3. the transfer was made pursuant to a good-faith effort to rehabilitate Dean Debtor and the transfer secured present value given for that purpose as well as an antecedent debt of Dean Debtor . Answer “Yes” or “No” for any of the following for which you answered “Yes” in Question ______ [ 105.28 ]. 1. [ Asset 1. ] Answer: _______________ 2. [ Asset 2. ] Answer: _______________ 3. [ Asset 3. ] Answer: _______________ COMMENT When to use. PJC 105.30 submits the statutory affirmative defense available if the jury finds a voidable insider transaction under PJC 105.28. See Tex. Bus. & Com. Code § 24.009(f). Broad-form submission. PJC 105.30 is a broad-form question designed to be accompanied by one or more appropriate instructions. Tex. R. Civ. P. 277 requires that “the court shall, whenever feasible, submit the cause upon broad-form questions.” Tex. R. Civ. P. 277; see Thota v. Young , 366 S.W.3d 678, 689 (Tex. 2012) (rule 277’s use of

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