The defendants/appellants ask this Court to review the district court’s award of summary judgment in favor of the plaintiffs/ap-pellees. After a review of the record, we find that the appellants did not produce facts sufficient to create a genuine issue of material fact and, accordingly, we AFFIRM.
I.
In August 1989, BMG Music and CBS Records, Inc.,
On December 14,1992, the plaintiffs filed a suit from which this appeal arises against
The plaintiffs moved for summary judgment. A federal magistrate considered the motion and submitted a report to the district court recommending that summary judgment be granted. Subsequently, both Hugo and Marta filed for bankruptcy under Chapter 7 of the United States Bankruptcy Code. The district court reviewed the motion de novo and granted summary judgment. The defendants then filed a motion for reconsideration, which the district court denied. The defendants now assert that the district court erred in granting the plaintiffs motion for summary judgment.
II.
The de novo standard of review applies to the district court’s decision to grant summary judgment.
III.
The Uniform Fraudulent Transfers Act is designed to prevent debtors from transferring their property in bad faith before creditors can reach it. With respect to the instant case, the relevant portion of the act provides:
(a) A transfer made or obligation incurred by a debtor is fraudulent as to a creditor, whether the creditor’s claim arose within a reasonable time before or after the transfer was made or the obligation was incurred, if the debtor made the obligation:
(1) with actual intent to hinder, delay, or defraud any creditor of the debtor... ,8
The defendants admit numerous facts that constitute badges of fraud: the transfer was to an insider (Hugo’s sister), Hugo was sued shortly before he made the transfer, the transferred property constituted substantially all of Hugo’s assets, Hugo became insolvent after the transfer and once the default judgment was rendered, and the transfer occurred shortly before Hugo became liable under the default judgment.
The defendants argue that summary judgment is never proper when the court must rule on whether the defendant had an “intent to defraud”, asserting that this is an issue that must be decided by the trier of fact.
The defendants, while admitting the above facts, assert that the transfer occurred at the insistence of their father. In his answers to the plaintiffs’ interrogatories, Hugo states that his father wanted the property transferred to Marta to ensure that Hugo’s wife could not claim any of the proceeds from that property in the event that Hugo and his wife obtained a divorce.
Notes
. CBS Records, Inc. subsequently became Sony Music Entertainment, Inc.
. Hugo and his father allegedly discussed this transfer with an attorney nine to ten months before it occurred. They state that the delay between the meeting and the transfer stemmed from the death of Hugo’s brother.
. Because the district court voided the transfer, Hugo regained title to the property in question. Robbye Waldron, the bankruptcy trustee overseeing Hugo's estate, gained control over the property. Waldron, after obtaining valid court orders, sold the property. The sale of the property, however, does not moot the issue in this case because the proceeds from the sale have not been distributed; thus, this Court’s ruling affects the ownership of those proceeds but not the title held by the bona fide purchasers of that property.
. Dupre v. Chevron U.S.A., Inc.,
. New Hampshire Ins. Co. v. Martech U.S.A., Inc.,
. Fed.R.Civ.P. 56(c); see also Capital Concepts Properties 85-1 v. Mutual First, Inc.,
. Capital Concepts,
. Tex.Bus. & Com.Code Ann. § 24.005(a)(1) (West 1987). The district court based its decision upon Tex.Bus. & Com.Code Ann. § 24.005(a)(2) as amended in 1993. See id. § 24.005(a)(2) (West Supp. 1995). The amended provision provides that a transfer is fraudulent when the debtor does not receive reasonably equivalent consideration and believed or "reasonably should have believed" that he was about to incur a debt that he would be unable to pay. Id. The amended version of this statute, however, is not applicable in the instant case because the effective date, which is September 1, 1993, occurred after the transfer. The district court, therefore, erred by relying on the "reasonably should have believed” language in the amended statute.
. Id. § 24.005(b).
. Id. § 24.005(b)(1), (4), (5), (9), (10); see also Texas Sand Co. v. Shield,
. Id. § 24.005(b) (stating that the list of indicia of fraudulent intent is not exclusive); see also id. § 24.005(a)(2) (providing that the debtor's failure to receive consideration for the transfer of property is one indicator of a fraudulent conveyance).
. See Quinn v. Dupree,
. Adams,
. See Grand Prairie Indep. Sch. Dist. v. Southern Parts Imports, Inc.,
. Connell v. Connell,
. Letsos,
. Connell,
. The record also contains answers to interrogatories and an affidavit by Marta in which she also states that her father insisted on the transfer. This Court, however, cannot consider her answers or affidavit with respect to this assertion because it is not clear that Marta has personal knowledge of any agreement between her brother and father with respect to this transaction. See Fed.R.Civ.P. 56(e); Akin v. Q-L Investments, Inc.,
. Capital Concepts,
. id.
. Adams,
