Defenses, liability, and protection of transferee.
428.044. 1. A transfer or obligation is not voidable undersubdivision (1) of subsection 1 of section 428.024 against aperson who took in good faith and for a reasonably equivalentvalue or against any subsequent transferee or obligee.
2. Except as otherwise provided in this section, to theextent a transfer is voidable in an action by a creditor undersubdivision (1) of subsection 1 of section 428.039, the creditormay recover judgment for the value of the asset transferred, asadjusted under subsection 3 of this section or the amountnecessary to satisfy the creditor's claim, whichever is less.The judgment may be entered against:
(1) The first transferee of the asset or the person forwhose benefit the transfer was made; or
(2) Any subsequent transferee other than a good-faithtransferee who took for value or from any subsequent transferee.
3. If the judgment under subsection 2 of this section isbased upon the value of the asset transferred, the judgment mustbe for an amount equal to the value of the asset at the time ofthe transfer, subject to adjustment as the equities may require.
4. Notwithstanding voidability of a transfer or anobligation under sections 428.005 to 428.059, a good-faithtransferee or obligee is entitled, to the extent of the valuegiven the debtor for the transfer or obligation, to:
(1) A lien on or a right to retain any interest in theasset transferred;
(2) Enforcement of any obligation incurred; or
(3) A reduction in the amount of the liability on thejudgment.
5. A transfer is not voidable under subdivision (2) ofsubsection 1 of section 428.024 or section 428.029 if thetransfer results from:
(1) Termination of a lease upon default by the debtor whenthe termination is pursuant to the lease and applicable law; or
(2) Enforcement of a security interest in compliance withsections 400.9-101 to 400.9-507, RSMo.
6. A transfer is not voidable under subsection 2 of section428.029:
(1) To the extent the insider gave new value to or for thebenefit of the debtor after the transfer was made unless the newvalue was secured by a valid lien;
(2) If made in the ordinary course of business or financialaffairs of the debtor and the insider; or
(3) If made pursuant to a good-faith effort to rehabilitatethe debtor and the transfer secured present value given for thatpurpose as well as an antecedent debt of the debtor.
Defenses, liability, and protection of transferee.
428.044. 1. A transfer or obligation is not voidable undersubdivision (1) of subsection 1 of section 428.024 against aperson who took in good faith and for a reasonably equivalentvalue or against any subsequent transferee or obligee.
2. Except as otherwise provided in this section, to theextent a transfer is voidable in an action by a creditor undersubdivision (1) of subsection 1 of section 428.039, the creditormay recover judgment for the value of the asset transferred, asadjusted under subsection 3 of this section or the amountnecessary to satisfy the creditor's claim, whichever is less.The judgment may be entered against:
(1) The first transferee of the asset or the person forwhose benefit the transfer was made; or
(2) Any subsequent transferee other than a good-faithtransferee who took for value or from any subsequent transferee.
3. If the judgment under subsection 2 of this section isbased upon the value of the asset transferred, the judgment mustbe for an amount equal to the value of the asset at the time ofthe transfer, subject to adjustment as the equities may require.
4. Notwithstanding voidability of a transfer or anobligation under sections 428.005 to 428.059, a good-faithtransferee or obligee is entitled, to the extent of the valuegiven the debtor for the transfer or obligation, to:
(1) A lien on or a right to retain any interest in theasset transferred;
(2) Enforcement of any obligation incurred; or
(3) A reduction in the amount of the liability on thejudgment.
5. A transfer is not voidable under subdivision (2) ofsubsection 1 of section 428.024 or section 428.029 if thetransfer results from:
(1) Termination of a lease upon default by the debtor whenthe termination is pursuant to the lease and applicable law; or
(2) Enforcement of a security interest in compliance withsections 400.9-101 to 400.9-507, RSMo.
6. A transfer is not voidable under subsection 2 of section428.029:
(1) To the extent the insider gave new value to or for thebenefit of the debtor after the transfer was made unless the newvalue was secured by a valid lien;
(2) If made in the ordinary course of business or financialaffairs of the debtor and the insider; or
(3) If made pursuant to a good-faith effort to rehabilitatethe debtor and the transfer secured present value given for thatpurpose as well as an antecedent debt of the debtor.
Defenses, liability, and protection of transferee.
428.044. 1. A transfer or obligation is not voidable undersubdivision (1) of subsection 1 of section 428.024 against aperson who took in good faith and for a reasonably equivalentvalue or against any subsequent transferee or obligee.
2. Except as otherwise provided in this section, to theextent a transfer is voidable in an action by a creditor undersubdivision (1) of subsection 1 of section 428.039, the creditormay recover judgment for the value of the asset transferred, asadjusted under subsection 3 of this section or the amountnecessary to satisfy the creditor's claim, whichever is less.The judgment may be entered against:
(1) The first transferee of the asset or the person forwhose benefit the transfer was made; or
(2) Any subsequent transferee other than a good-faithtransferee who took for value or from any subsequent transferee.
3. If the judgment under subsection 2 of this section isbased upon the value of the asset transferred, the judgment mustbe for an amount equal to the value of the asset at the time ofthe transfer, subject to adjustment as the equities may require.
4. Notwithstanding voidability of a transfer or anobligation under sections 428.005 to 428.059, a good-faithtransferee or obligee is entitled, to the extent of the valuegiven the debtor for the transfer or obligation, to:
(1) A lien on or a right to retain any interest in theasset transferred;
(2) Enforcement of any obligation incurred; or
(3) A reduction in the amount of the liability on thejudgment.
5. A transfer is not voidable under subdivision (2) ofsubsection 1 of section 428.024 or section 428.029 if thetransfer results from:
(1) Termination of a lease upon default by the debtor whenthe termination is pursuant to the lease and applicable law; or
(2) Enforcement of a security interest in compliance withsections 400.9-101 to 400.9-507, RSMo.
6. A transfer is not voidable under subsection 2 of section428.029:
(1) To the extent the insider gave new value to or for thebenefit of the debtor after the transfer was made unless the newvalue was secured by a valid lien;
(2) If made in the ordinary course of business or financialaffairs of the debtor and the insider; or
(3) If made pursuant to a good-faith effort to rehabilitatethe debtor and the transfer secured present value given for thatpurpose as well as an antecedent debt of the debtor.
