PJC Business

F RAUD AND N EGLIGENT M ISREPRESENTATION

PJC 105.32

The first 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. If the first question is sub mitted in connection with section 24.008(a)(1), it should not be submitted again. The second question seeks a jury finding on the value of the asset transferred at the time of the transfer but leaves any equitable adjustment of that number to the court. The judg ment should equal the lesser of the answer to the first question or the equitably adjusted answer to the second question. The amount necessary to satisfy the creditor’s claim is measured as of the time judgment is rendered under section 24.009(b), even if this amount is greater than or less than the amount that would have satisfied the creditor’s claim at the time of the fraudulent transfer. Citizens National Bank of Texas v. NXS Construction, Inc. , 387 S.W.3d 74, 90–91 (Tex. App.—Houston [14th Dist.] 2012, no pet.). But the amount necessary to satisfy the creditor’s claim includes only amounts necessary to satisfy the claim itself, not reimbursement for costs incurred in the course of pursuing the claim, such as court costs. NXS Construction, Inc. , 387 S.W.3d at 90–91. Multiple assets or claims. If the case involves multiple assets or claims, each asset and claim should be listed separately. For example: QUESTION ______ What is the amount necessary to satisfy Craig Creditor ’s claims? Answer separately in dollars and cents, if any. 1. [ Describe claim 1. ] Answer: _______________ 2. [ Describe claim 2. ] Answer: _______________ QUESTION ______ What were the values of the assets transferred at the time of each transfer? Answer separately in dollars and cents, if any. 1. [ Describe asset 1. ] Answer: _______________ 2. [ Describe asset 2. ] Answer: _______________

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