Section 550 - Liability of Transferee of Avoided Transfer


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


Liability of Transferee of Avoided Transfer - Section 550
11 USCS § 550



(a) 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 [11 USCS § 544, 545, 547, 548, 549, 553(b), or 724(a)], 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--
   (1) the initial transferee of such transfer or the entity for whose benefit such transfer was made; or
   (2) any immediate or mediate transferee of such initial transferee.
 
(b) The trustee may not recover under section [subsection] (a)(2) of this section from--
   (1) 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
   (2) any immediate or mediate good faith transferee of such transferee.
 
(c) If a transfer made between 90 days and one year before the filing of the petition--
   (1) is avoided under section 547(b) of this title [11 USCS § 547(b)]; and
   (2) 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.
 
(d) The trustee is entitled to only a single satisfaction under subsection (a) of this section.
 
(e) (1) 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--
      (A) 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
      (B) any increase in the value of such property as a result of such improvement, of the property transferred.
   (2) In this subsection, "improvement" includes--
      (A) physical additions or changes to the property transferred;
      (B) repairs to such property;
      (C) payment of any tax on such property;
      (D) payment of any debt secured by a lien on such property that is superior or equal to the rights of the trustee; and
      (E) preservation of such property.
 
(f) An action or proceeding under this section may not be commenced after the earlier of--
   (1) one year after the avoidance of the transfer on account of which recovery under this section is sought; or
   (2) the time the case is closed or dismissed.

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