PJC Business

PJC 105.32

F RAUD AND N EGLIGENT M ISREPRESENTATION

Flores v. Robinson Roofing & Construction Co. , 161 S.W.3d 750, 756–57 (Tex. App.—Fort Worth 2005, pet. denied). The exception is that, when a creditor seeks avoidance of a transfer or obligation under section 24.008(a)(1), a jury finding of the amount necessary to satisfy the credi tor’s claim is required if that amount is factually disputed. This is because section 24.008(a)(1) allows avoidance only “to the extent necessary to satisfy the creditor’s claim.” When this finding is required, the following question, predicated on liability, should be submitted: QUESTION ______ What is the amount necessary to satisfy Craig Creditor ’s claim? Answer in dollars and cents, if any. Answer: _______________ This question assumes that the creditor’s claim is either clear in the context of the case or defined in an earlier liability question. If neither of these is true, then an instruction should be included defining the creditor’s claim. Money damages under Code section 24.009(b). A creditor affected by a fraudu lent transfer may seek money damages from the person for whose benefit the transfer was made, the first transferee, or any subsequent transferee who did not take in good faith and for value. Tex. Bus. & Com. Code § 24.009(b). Once a subsequent transferee takes in good faith and for value, the creditor may not seek money damages from that transferee or any subsequent transferees. Tex. Bus. & Com. Code § 24.009(b)(2). The measure of damages is the lesser of “the amount necessary to satisfy the credi tor’s claim” or “the value of the asset transferred . . . at the time of the transfer, subject to adjustment as the equities may require.” Tex. Bus. & Com. Code §24.009(b), (c)(1). When findings on these damages measures are required, the following ques tions, predicated on liability, should be submitted: QUESTION ______ What is the amount necessary to satisfy Craig Creditor ’s claim? Answer in dollars and cents, if any. Answer: _______________ QUESTION ______ What was the value of the asset transferred at the time of the transfer? Answer in dollars and cents, if any. Answer: _______________

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