Kansas Statutes Annotated

K.S.A. § 33-208 (2026)

Defenses, liability and protection of transferee

✓ current as of May 2026

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33-208. Defenses, liability and protection of transferee. (a) A transfer or obligation is not voidable under subsection (a)(1) of K.S.A. 33-204 against a person who took in good faith and for a reasonably equivalent value or against any subsequent transferee or obligee.

(b) Except as otherwise provided in this section, to the extent a transfer is voidable in an action by a creditor under subsection (a)(1) of K.S.A. 33-207, the creditor may recover judgment for the value of the asset transferred, as adjusted under subsection (c), or the amount necessary 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 for whose benefit the transfer was made; or

(2) any subsequent transferee other than a good faith transferee who took for value or from any subsequent transferee.

(c) If the judgment under subsection (b) is based upon the value of the asset transferred, the judgment must be for an amount equal to the value of the asset at the time of the transfer, subject to adjustment as the equities may require.

(d) Notwithstanding voidability of a transfer or an obligation under this act, a good faith transferee or obligee is entitled, to the extent of the value given the debtor for the transfer or obligation to:

(1) A lien on or a right to retain any interest in the asset transferred;

(2) enforcement of any obligation incurred; or

(3) a reduction in the amount of the liability on the judgment.

(e) A transfer is not voidable under subsection (a)(2) of K.S.A. 33-204 or 33-205 if the transfer results from:

(1) Termination of a lease upon default by the debtor when the termination is pursuant to the lease and applicable law; or

(2) enforcement of a security interest in compliance with article 9 of the uniform commercial code.

(f) A transfer is not voidable under subsection (b) of K.S.A. 33-205:

(1) To the extent the insider gave new value to or for the benefit of the debtor after the transfer was made unless the new value was secured by a valid lien;

(2) if made in the ordinary course of business or financial affairs of the debtor and the insider; or

(3) if made pursuant to good faith effort to rehabilitate the debtor and the transfer secured present value given for that purpose as well as an antecedent debt of the debtor.

History: L. 1998, ch. 13, § 8; January 1, 1999.

Notes of Decisions

Cited in 11 cases (3 in the last 5 years), 2002–2024 · leading case: McCain Foods USA, Inc. v. Cent. Processors, Inc., 61 P.3d 68 (Kan. 2002).

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McCain Foods USA, Inc. v. Cent. Processors, Inc., 61 P.3d 68 (Kan. 2002). · cites it 5× “33-204; and (3) the transfers made to the bank were voidable, although Shore claimed he took in good faith and for a reasonably equivalent value under K.S.A. 33-208(a). Shore’s contentions test the sufficiency of the evidence.”

Leathers v. Leathers, 856 F.3d 729 (10th Cir. 2017). · cites it 3× “” Kan. Stat. Ann. § 33-208 (a); accord 28 U.”

Redmond v. NCMIC Fin. Corp. (In re Brooke Corp.), 568 B.R. 378 (Bankr. D. Kan. 2017). · cites it 8× “33-201 to -212, and seeks to recover the same from NCMIC under § 550 and K.S.A. 33-208. 2 Evidentiary hearings were held on eight days during April 3 and five *387 days during June of 2016.”

Redmond v. SpiritBank (In re Brooke Corp.), 541 B.R. 492 (Bankr. D. Kan. 2015). · cites it 4× “SPIRITBANK’S GOOD-FAITH DEFENSE UNDER § 548(c) OR K.S.A. 33-208(a). Section 548(c) of the Bankruptcy Code provides: Except to the extent that a transfer or obligation voidable under this section [548] is voidable under section 544, 545, or 547 of this title, a transferee or…”

Riederer v. Logan Wildlife Corp. (In Re Brooke Corp.), 443 B.R. 847 (Bankr. D. Kan. 2010). “33-207 of the Kansas Fraudulent Transfer Act addresses remedies in part as follows: (a) In an action for relief against a transfer or obligation under this act, a creditor, subject to the limitations in K.S.A. 33-208, may obtain: (1) Avoidance of the transfer or obligation to…”

Ross v. Jenkins (D. Kan. 2020). · cites it 6× “” (citing Kan. Stat. Ann. § 33-208 (b))). The court may enter judgment “against a transferee of the asset or the person for whose benefit the transfer was made.”

Ross v. Promise Keepers, Inc., The Reminder to Couns.: Case Consol. for Discovery All Non-Dispositive filings to be made in Lead Case 17-2547 ONLY (D. Kan. 2021). · cites it 4× “at 4–5 (quoting Kan. Stat. Ann. § 33-208 (b)). Plaintiff directed “this Court to the Expert Report of William C.”

Ross v. Jenkins (D. Kan. 2021). · cites it 4× “at 4–5 (quoting Kan. Stat. Ann. § 33-208 (b)). Plaintiff directed “this Court to the Expert Report of William C.”

Digit. Ally, Inc. v. Culp McAuley, Inc. (D. Kan. 2024). · cites it 3× “K.S.A. 33-208(b), however, does authorize monetary in personam relief, but only against a limited group of persons, namely, the first transferee of the fraudulent transfer, the person for whose benefit the fraudulent transfer was made, or a subsequent transferee who did not take…”

Ross v. Promise Keepers, Inc., The Reminder to Couns.: Case Consol. for Discovery All Non-Dispositive filings to be made in Lead Case 17-2547 ONLY (D. Kan. 2020). · cites it 2× “§ 33-208 (b), (c). In support of her claim, plaintiff has supplied a declaration from her attorney Benjamin Abel, and a declaration and certified expert report from William Harvey.”

Ross v. Jenkins (D. Kan. 2020). · cites it 2× “§ 33-208 (b), (c). In support of her claim, plaintiff has supplied a declaration from her attorney Benjamin Abel, and a declaration and certified expert report from William Harvey.”

— K.S.A. § 33-208(a) — 3 cases

McCain Foods USA, Inc. v. Cent. Processors, Inc., 61 P.3d 68 (Kan. 2002). “33-204; and (3) the transfers made to the bank were voidable, although Shore claimed he took in good faith and for a reasonably equivalent value under K.S.A. 33-208(a). Shore’s contentions test the sufficiency of the evidence.”

Redmond v. SpiritBank (In re Brooke Corp.), 541 B.R. 492 (Bankr. D. Kan. 2015). “SPIRITBANK’S GOOD-FAITH DEFENSE UNDER § 548(c) OR K.S.A. 33-208(a). Section 548(c) of the Bankruptcy Code provides: Except to the extent that a transfer or obligation voidable under this section [548] is voidable under section 544, 545, or 547 of this title, a transferee or…”

Redmond v. NCMIC Fin. Corp. (In re Brooke Corp.), 568 B.R. 378 (Bankr. D. Kan. 2017). “33-201 to -212, and seeks to recover the same from NCMIC under § 550 and K.S.A. 33-208. 2 Evidentiary hearings were held on eight days during April 3 and five *387 days during June of 2016.”

— K.S.A. § 33-208(b) — 2 cases

Digit. Ally, Inc. v. Culp McAuley, Inc. (D. Kan. 2024). “K.S.A. 33-208(b), however, does authorize monetary in personam relief, but only against a limited group of persons, namely, the first transferee of the fraudulent transfer, the person for whose benefit the fraudulent transfer was made, or a subsequent transferee who did not take…”

— K.S.A. § 33-208(b)(1) — 2 cases

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