First Nat'l Bank of Seminole v. Hooper

In First Nat'l Bank of Seminole v. Hooper, 104 S.W.3d 83, 84, 46 Tex. Sup. Ct. J. 449 (Tex. 2003), the bank loaned money to the debtor for the purchase and operation of a pipeline system. To secure the loan, the bank received a security interest in certain collateral. The security interest, however, did not include the pipeline easements. Two weeks after a creditor obtained a $ 950,000 judgment against the debtor, the bank had the debtor sign a deed of trust covering the pipeline easements so that the entire pipeline system now secured the debt. The bank subsequently foreclosed on the collateral. Id. at 84. The creditor sued the bank claiming the additional security pledged after the creditor obtained its judgment against the debtor constituted a fraudulent transfer. Id. The jury found that the bank did not provide reasonably equivalent value for the deed of trust because the value of the pipeline system far exceeded the amount of the debt. The trial court rendered judgment in Hooper's favor and the court of appeals affirmed. Id. at 86. The supreme court reversed. It held the value of the collateral transferred can never be more than the amount of the debt. Hooper, 104 S.W.3d at 86. The value of the collateral is irrelevant because the excess over the debt is not lost to the debtor or other creditors. Id. If this were not the case, "creditors would be reluctant to negotiate loan work-outs with financially troubled debtors because taking collateral in excess of their loan would expose them to substantial risk over and above the amount of the debt." Id.