Sec. 24.004. VALUE. (a) Value is given for a transfer or an obligation if, in exchange for the transfer or obligation, property is transferred or an antecedent debt is secured or satisfied, but value does not include an unperformed promise made otherwise than in the ordinary course of the promisor's business to furnish support to the debtor or another person.
(b) For the purposes of Sections 24.005(a)(2) and 24.006 of this code, a person gives a reasonably equivalent value if the person acquires an interest of the debtor in an asset pursuant to a regularly conducted, noncollusive foreclosure sale or execution of a power of sale for the acquisition or disposition of the interest of the debtor upon default under a mortgage, deed of trust, or security agreement.
(c) A transfer is made for present value if the exchange between the debtor and the transferee is intended by them to be contemporaneous and is in fact substantially contemporaneous.
(d) "Reasonably equivalent value" includes without limitation, a transfer or obligation that is within the range of values for which the transferor would have sold the assets in an arm's length transaction.
Amended by Acts 1987, 70th Leg., ch. 1004, Sec. 1, eff. Sept. 1, 1987; Acts 1993, 73rd Leg., ch. 570, Sec. 9, eff. Sept. 1, 1993.
Structure Texas Statutes
Title 3 - Insolvency, Fraudulent Transfers, and Fraud
Chapter 24 - Uniform Fraudulent Transfer Act
Section 24.005. Transfers Fraudulent as to Present and Future Creditors
Section 24.006. Transfers Fraudulent as to Present Creditors
Section 24.007. When Transfer Is Made or Obligation Is Incurred
Section 24.008. Remedies of Creditors
Section 24.009. Defenses, Liability, and Protection of Transferee
Section 24.010. Extinguishment of Cause of Action
Section 24.011. Supplementary Provisions