11 U.S.C. § 550 — Liability of transferee of avoided transfer
submitted 48 years ago by Pub. L. 95-598 to r/title-11-BANKRUPTCY · 398 words · no verdicts yet
This section identifies who a bankruptcy trustee may recover an avoided transfer from and protects certain good-faith transferees. It also addresses insider transactions, improvement liens, single satisfaction, and the filing deadline.
(a) Unless this section says otherwise, when a transfer* is avoided under section 544, 545, 547, 548, 549, 553(b), or 724(a), the trustee may recover the transferred property for the estate—or, if the court orders, its value—from the initial transferee or the entity* benefiting from the transfer, and from any immediate or later transferee of that initial transferee.
(b) The trustee may not recover under subsection (a)(2) from a transferee who took for value, including by satisfying or securing a present or earlier debt*, in good faith and without knowing the transfer could be avoided, or from an immediate or later good-faith transferee of that transferee.
(c) If a transfer made 90 days to one year before the petition was filed is avoided under section 547(b) and benefited a creditor* who was then an insider, the trustee may not recover under subsection (a) from a transferee that is not an insider.
(d) The trustee may receive only one satisfaction under subsection (a).
(e)(1) A good-faith transferee from whom recovery is allowed has a lien on recovered property securing the lesser of the transferee’s cost of improvements made after the transfer minus any profit from the property, or the increase in the property’s value caused by the improvement.
(e)(2) “Improvement” includes physical additions or changes, repairs, taxes paid on the property, debt paid that is secured by a lien superior or equal to the trustee’s rights, and preservation of the property.
(f) An action or proceeding must begin by the earlier of one year after the transfer was avoided or the time the case is closed or dismissed.
Except as otherwise provided in this section, to the extent that a transfer* is avoided under section 544, 545, 547, 548, 549, 553(b), or 724(a) of this title, the trustee may recover, for the benefit of the estate, the property transferred, or, if the court so orders, the value of such property, from—
the initial transferee of such transfer or the entity* for whose benefit such transfer was made; or
any immediate or mediate transferee of such initial transferee.
The trustee may not recover under section 1 (a)(2) of this section from—
a transferee that takes for value, including satisfaction or securing of a present or antecedent debt*, in good faith, and without knowledge of the voidability of the transfer avoided; or
any immediate or mediate good faith transferee of such transferee.
If a transfer made between 90 days and one year before the filing of the petition—
is avoided under section 547(b) of this title; and
was made for the benefit of a creditor* that at the time of such transfer was an insider;
the trustee may not recover under subsection (a) from a transferee that is not an insider.
The trustee is entitled to only a single satisfaction under subsection (a) of this section.
A good faith transferee from whom the trustee may recover under subsection (a) of this section has a lien on the property recovered to secure the lesser of—
the cost, to such transferee, of any improvement made after the transfer, less the amount of any profit realized by or accruing to such transferee from such property; and
any increase in the value of such property as a result of such improvement, of the property transferred.
In this subsection, “improvement” includes—
physical additions or changes to the property transferred;
repairs to such property;
payment of any tax on such property;
payment of any debt secured by a lien on such property that is superior or equal to the rights of the trustee; and
preservation of such property.
An action or proceeding under this section may not be commenced after the earlier of—
one year after the avoidance of the transfer on account of which recovery under this section is sought; or
the time the case is closed or dismissed.
Source credit: (Pub. L. 95–598, Nov. 6, 1978, 92 Stat. 2601; Pub. L. 98–353, title III, § 465, July 10, 1984, 98 Stat. 379; Pub. L. 103–394, title II, § 202, Oct. 22, 1994, 108 Stat. 4121.)
- 1978Enacted · Pub. L. 95-598 · 92 Stat. 2601
- 1984Amended · Pub. L. 98-353 · 98 Stat. 379
- 1994Amended · Pub. L. 103-394 · 108 Stat. 4121
A history note hasn’t been published yet. The record shows enactment by Pub. L. 95-598 on 1978-11-06.
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