Ralph S. Janvey, in His Capacity as Court-Appointed Receiver for the Stanford International Bank, Limited Official Stanford Investors Committee v. the Golf Channel, Incorporated Tgc, L.L.C., Doing Business as Golf Channel
Texas Supreme Court
1Opinion of the CourtJustice Guzman
Under the Texas Uniform Fraudulent Transfer Act (TUFTA), an asset transferred with “actual intent to hinder, delay, or defraud” a creditor may be reclaimed for the benefit of the transferor’s creditors unless the transferee “took [the asset] in good faith and for a reasonably equivalent value.” 1 Even without proof of actual intent, an asset transfer may be avoided if the transferor was financially vulnerable at the time of the transaction and the “value” exchanged was not reasonably equivalent. 2 In this fraudulent-transfer clawback action, the asset at stake is'$5.9 million a cable…
2Cases cited55 opinions
- Spoljaric v. Percival Tours, Inc.Texas Supreme Court · 1986
- Texas Lottery Commission v. First State Bank of DeQueenTexas Supreme Court · 2010
- Alex Sheshunoff Management Services, L.P. v. JohnsonTexas Supreme Court · 2006
- In the Interest of E.C.R., ChildTexas Supreme Court · 2013
- Cunningham v. BrownSupreme Court of the United States · 1924
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3Cited by88 opinions
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- Van Der Linden v. KhanCourt of Appeals of Texas · 2017
- SEC. & Exch. Comm'n v. Stanford Int'l Bank, Ltd.Court of Appeals for the Fifth Circuit · 2019
- Thomas v. HughesCourt of Appeals for the Fifth Circuit · 2022
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