Justice Evan Young
In a statement in connection with SCOTX’s denial of rehearing of a petition for review, Justice Evan Young has invited litigants with disputes implicating the Texas Uniform Fraudulent Transfer Act to bring cases to SCOTX for review.
The case at hand, Executive Workspace—ABC—Preston Road, LLC a/k/a Executive Workspace—Preston Road, LLC, et al. v. Reserve Capital-Preson Grove SPE, LLC (No. 25-0074; No. 25-0074; rhg denied April 10, 2026) raised the issue of “whether the termination of a contractual right to future payments may constitute the fraudulent ‘transfer’ of an ‘asset’ under TUFTA.” While acknowledging that this fact-intensive record probably wasn’t suitable for “generat[ing] much broadly applicable guidance,”
Justice Young observed that SCOTX has issued only 11 opinions that “even mention” TUFTA, in contrast to the U.S. 5thCircuit, which has decided “about twenty since we last did so in 2019” (and often leading to certified questions from that court to SCOTX on the subject). Consequently, “[t]he lack of more frequent TUFTA precedents from this Court has often left lower state courts and federal courts applying Texas law to chart their own course,” including authority involving analagous statutes in other jurisdictions. Seeing the need for SCOTX to develop definitive Texas jurisdiction on the statute, Justice Young put out a call for parties with appropriate cases to call on the Court in the future.
