Section 549 - Postpetition Transactions


Title 11 of the United States Code - Bankruptcy
CREDITORS, THE DEBTOR, AND THE ESTATE – CHAPTER 5


Postpetition Transactions - Section 549
11 USCS § 549



(a) Except as provided in subsection (b) or (c) of this section, the trustee may avoid a transfer of property of the estate--
   (1) that occurs after the commencement of the case; and
   (2) (A) that is authorized only under section 303(f) or 542(c) of this title [11 USCS § 303(f) or 542(c)]; or
      (B) that is not authorized under this title or by the court.
 
(b) In an involuntary case, the trustee may not avoid under subsection (a) of this section a transfer made after the commencement of such case but before the order for relief to the extent any value, including services, but not including satisfaction or securing of a debt that arose before the commencement of the case, is given after the commencement of the case in exchange for such transfer, notwithstanding any notice or knowledge of the case that the transferee has.
 
(c) The trustee may not avoid under subsection (a) of this section a transfer of an interest in real property to a good faith purchaser without knowledge of the commencement of the case and for present fair equivalent value unless a copy or notice of the petition was filed, where a transfer of an interest in such real property may be recorded to perfect such transfer, before such transfer is so perfected that a bona fide purchaser of such real property, against whom applicable law permits such transfer to be perfected, could not acquire an interest that is superior to such interest of such good faith purchaser. A good faith purchaser without knowledge of the commencement of the case and for less than present fair equivalent value has a lien on the property transferred to the extent of any present value given, unless a copy or notice of the petition was so filed before such transfer was so perfected.
 
(d) An action or proceeding under this section may not be commenced after the earlier of--
   (1) two years after the date of the transfer sought to be avoided; or
   (2) the time the case is closed or dismissed.

Don’t let the size of bankruptcy get you down.  Sagaria Law understands that bankruptcy can be a big topic that scares most. Why wouldn’t it? The financial stability of you and your family is vital. So is arming yourself with knowledge. That is why we have the US Bankruptcy Code available here for those that are curious about bankruptcy both as an opportunity for their personal fresh start and as a legal reference.   Other bankruptcy firms do not offer this on their website, but we know that you want to make the most informed decision possible when it comes to your future and that of your family.
San Jose, Sunnyvale, Gilroy, Morgan Hill and the entire Santa Clara Valley: Sagaria Law wants you to know that our San Jose corporate office is available to all of the South Bay for bankruptcy services.  Call us today!

Attorney Consultation!! $99 Retainer Fee!! Free Bankruptcy Evaluation
Motivation Bills Assets Budget
The law varies from state-to-state — please provide your zip code!

Why are you considering bankruptcy? (select all that apply)









Motivation Bills Assets Budget

What bills do you have? (select all that apply)








Motivation Bills Assets Budget
Do you own real estate ?
If Yes , are you behind in these payments?


Do you own an automobile ?
If Yes , are you behind in these payments?


Do you have any additional assets worth more than $1000.00?
Motivation Bills Assets Budget

What types of income do you have? (select all that apply)






$
Contact Info Your Evaluation

Call For A Consultation

toll free: 1-866-447-8460