- 30 - c. Palmer's Testimony Respondent contends that Dondi Financial stock had no liquidating value after 1984 because Palmer, the bankruptcy trustee's attorney during Dondi Financial's bankruptcy proceedings, testified that Dondi Financial was insolvent by 1984. Respondent asserts that Palmer's opinion is convincing because he was independent and his findings are supported by a reasonable foundation (the real estate downturn from 1982 to 1984, and crash by early 1984; Vernon's liability for the loans owned by Dondi Residential Properties, Inc., for its property; and Vernon's extensive lending of money on commercial real estate projects). We disagree. Palmer believed that the FSLIC appraisers underappraised property, yet he relied on the FSLIC appraisals and did not use an independent appraiser. Palmer did not consider Vernon's non- Texas assets. Palmer was reviewing whether Dondi Financial had made any fraudulent conveyances within the last 4 years before its insolvency. Under the then-applicable Texas fraudulent conveyances law, a transfer was void if a debtor (Dondi Financial) did not have enough assets in Texas to pay all of its debts. Tex. Bus. & Com. Code Ann. sec. 24.03(a) (West 1986).3 Thus, Palmer's valuation of Vernon and Dondi included only Texas assets. See In re Dondi Financial Corp., 119 Bankr. 106, 108 3 This statute was amended in 1987. See Tex. Bus. & Com. Code Ann. sec. 24.003, Historical Note (West 1987).Page: Previous 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 Next
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