Missouri Revised Statutes

Mo. Rev. Stat. § 428.044 (2026)

Defenses, liability, and protection of transferee

✓ current as of May 2026

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428.044. Defenses, liability, and protection of transferee. — 1. A transfer or obligation is not voidable under subdivision (1) of subsection 1 of section 428.024 against a person who took in good faith and for a reasonably equivalent value or against any subsequent transferee or obligee.

2. Except as otherwise provided in this section, to the extent a transfer is voidable in an action by a creditor under subdivision (1) of subsection 1 of section 428.039, the creditor may recover judgment for the value of the asset transferred, as adjusted under subsection 3 of this section 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.

3. If the judgment under subsection 2 of this section 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.

4. Notwithstanding voidability of a transfer or an obligation under sections 428.005 to 428.059, 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.

5. A transfer is not voidable under subdivision (2) of subsection 1 of section 428.024 or section 428.029 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 sections 400.9-101 to 400.9-507.

6. A transfer is not voidable under subsection 2 of section 428.029:

(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 a 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.

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(L. 1992 S.B. 448)

Notes of Decisions

Cited in 8 cases (1 in the last 5 years), 2001–2024 · leading case: Taylor v. Clark, 140 S.W.3d 242 (Mo. Ct. App. 2004).

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Taylor v. Clark, 140 S.W.3d 242 (Mo. Ct. App. 2004). · cites it 4× “Pursuant to § 428.044, RSMo 2000, “to the extent a transfer is voidable in an action by a creditor under subdivision (1) of subsection 1 of section 428.”

8000 Maryland, LLC v. Huntleigh Fin. Servs. Inc., 292 S.W.3d 439 (Mo. Ct. App. 2009). · cites it 3× “For their fourth point, defendants assert that the trial court erred in awarding plaintiff a judgment in the amount of $2,000,000 because “section 428.044 RSMo. limits the judgment to the lesser of the value of the assets transferred or the underlying debt 7 in that the only…”

Kevin M. Higgins & Sue E. Higgins v. Abigail J. Ferrari & Emmitt F. Smith, 474 S.W.3d 630 (Mo. Ct. App. 2015). · cites it 2× “2001) (“pursuant to section 428.044(1), á transferee may defeat a fraudulent conveyance claim brought under section 428.”

May v. Williams, 531 S.W.3d 576 (Mo. Ct. App. 2017). · cites it 2× “059, a creditor, subject to the limitations in section 428.044, may obtain: ' (1) Avoidance of the transfer or obligation to thé extent necessary to satisfy the creditor’s claim; (2) An attachment or other provisional remedy against 'the asset trans? ferred or other property of…”

State Ex Rel. Missouri High. & Transp. Comm'n v. Overall, 53 S.W.3d 222 (Mo. Ct. App. 2001). · cites it 2× “However, pursuant to section 428.044(1), a transferee may defeat a fraudulent conveyance claim brought under section 428.”

Emily Riegel v. David G. Jungerman (Mo. Ct. App. 2019). · cites it 2× “059, a creditor, subject to the limitations in section 428.044, may obtain: (1) Avoidance of the transfer or obligation to the extent necessary to satisfy the creditor's claim; (2) An attachment or other provisional remedy against the asset transferred or other property of the…”

ServisFirst Bank v. Young (E.D. Mo. 2020). · cites it 2× “” Mo. Rev. Stat. § 428.044 . Defendants have not raised this defense, however.”

Anita Martin v. Christopher Martin (Mo. Ct. App. 2024). · cites it 2× “059, a creditor, subject to the limitations in section 428.044, may obtain: 8 (1) Avoidance of the transfer or obligation to the extent necessary to satisfy the creditor’s claim; (2) An attachment or other provisional remedy against the asset transferred or other property of the…”

— Mo. Rev. Stat. § 428.044(1) — 2 cases

Kevin M. Higgins & Sue E. Higgins v. Abigail J. Ferrari & Emmitt F. Smith, 474 S.W.3d 630 (Mo. Ct. App. 2015). “2001) (“pursuant to section 428.044(1), á transferee may defeat a fraudulent conveyance claim brought under section 428.”

State Ex Rel. Missouri High. & Transp. Comm'n v. Overall, 53 S.W.3d 222 (Mo. Ct. App. 2001). “However, pursuant to section 428.044(1), a transferee may defeat a fraudulent conveyance claim brought under section 428.”

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