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FIRST NAT. BANK OF SEMINOLE v. HOOPER

No. 01-0688.

104 S.W.3d 83 (2003)

FIRST NATIONAL BANK OF SEMINOLE, Texas, Petitioner, v. Sam P. HOOPER, Mary Beth Hooper, and Hooper and Sons Investment Company, Inc., Respondents.

Supreme Court of Texas.

Decided February 13, 2003.

Rehearing Denied June 5, 2003.

Attorney(s) appearing for the Case

Ken Slavin, Kemp Smith, P.C., El Paso, Lonald Charles Hobbs, Odessa, for petitioner.

Quinn Clinton Chandler, Frank D. Chandler, Chandler & Chandler, P.C., Dallas, for respondents.

Justice O'NEILL delivered the opinion of the Court.

In this fraudulent transfer case, an insolvent debtor conveyed a deed of trust lien to First National Bank of Seminole to further secure a valid antecedent debt. When the transfer occurred, the underlying property's value far exceeded the debt secured. We must decide whether such a transfer can support a claim for constructive fraud under the Texas Uniform Fraudulent Transfer Act absent evidence that the transferee...

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