U.S. Code » Title 28 » Part PART VI— PARTICULAR PROCEEDINGS › Chapter CHAPTER 176— FEDERAL DEBT COLLECTION PROCEDURE › Subchapter SUBCHAPTER D— FRAUDULENT TRANSFERS INVOLVING DEBTS

28 U.S.C. § 3307

Defenses, liability, and protection of trans­feree

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(a)Good Faith Transfer.—A transfer or obligation is not voidable under section 3304(b) with respect to a person who took in good faith and for a reasonably equivalent value or against any transferee or obligee subsequent to such person.(b)Limitation.—Except as provided in subsection (d), to the extent a transfer is voidable in an action or proceeding by the United States under section 3306(a)(1), the United States may recover judgment for the value of the asset transferred, but not to exceed the judgment on a debt. 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 any subsequent transferee of such good-faith transferee.(c)Value of Asset.—For purposes of subsection (b), the value of the asset is the value of the asset at the time of the transfer, subject to adjustment as the equities may require.(d)Rights of Good Faith Transferees and Obligees.—Notwithstanding voidability of a transfer or an obligation under this subchapter, 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)Exceptions.—A transfer is not voidable under section 3304(a) or section 3304(b)(2) 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 or its equivalent in effect in the State where the property is located.(f)Limitation of Voidability.—A transfer is not voidable under section 3304(a)(2)—(1) to the extent the insider gives new value to or for the benefit of the debtor after the transfer is made unless the new value is 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 both present value given for that purpose and an antecedent debt of the debtor.(Added Pub. L. 101–647, title XXXVI, § 3611, Nov. 29, 1990, 104 Stat. 4963.)Statutory Notes and Related SubsidiariesEffective Date

Section effective 180 days after Nov. 29, 1990, and applicable with respect to certain actions for debts owed the United States pending in court on that effective date, see section 3631 of Pub. L. 101–647, set out as a note under section 3001 of this title.

Notes of Decisions
Cited in 18 cases (5 in the last 5 years), 1993–2025 · leading case: Leathers v. Leathers, 856 F.3d 729 (10th Cir. 2017).
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Leathers v. Leathers, 856 F.3d 729 (10th Cir. 2017). · cites it 3× “§ 33-208 (a); accord 28 U.S.C. § 3307 (a). Here, the district court concluded that Ronald transferred his choses in action to the Trust with the actual intent to defraud the United States of his overdue tax bill.”
Guilmette v. Howes, 624 F.3d 286 (6th Cir. 2010). · cites it 2× “" 28 U.S.C. § 3307 (a). We have held that where an argument advanced in an appellant's opening brief applies to and essentially subsumes an alternative basis for affirmance [or reversal] not separately argued therein, the appellant does not waive that alternative basis for…”
United States v. Schippers, 982 F. Supp. 2d 948 (S.D. Iowa 2013). · cites it 4× “” See 28 U.S.C. § 3307 (b); see also Sherrill, 626 F.”
United States v. Fed. Resources Corp., 30 F. Supp. 3d 979 (D. Idaho 2014). · cites it 3× “See 28 U.S.C. § 3307 (f)(2) (“A transfer is not voidable under section 3304(a)(2) .”
United States v. Goforth, 465 F.3d 730 (6th Cir. 2006). “” 28 U.S.C. § 3307 (a). We have held that where an argument advanced in an appellant’s opening brief applies to and essentially subsumes an alternative basis for affirmance not separately argued therein, the appellant does not waive that alternative basis for affir-mance.”
Sec. & Exch. Comm'n v. Haligiannis, 608 F. Supp. 2d 444 (S.D.N.Y. 2009). “) As already noted, EMB did not record the mortgage until January 7, 2005 — some five months after the SEC filed its complaint and the Court entered the asset freeze order.”
Fed. Trade Comm'n v. Nat'l Bus. Consultants, Inc., 376 F.3d 317 (5th Cir. 2004). “” Accordingly, any claim that the district court failed to adequately consider the affidavits is without merit.”
United States v. Larkin, Hoffman, Daly & Lindgren, Ltd., 841 F. Supp. 899 (D. Minnesota 1993). “28 U.S.C. §§ 3307 (b) & (c). Thus, contrary to NCB's contention, there is a live "case or controversy” with respect to the United States' FDCPA claims.”
United States v. Barrier Indus., Inc., 991 F. Supp. 678 (S.D.N.Y. 1998). “” 28 U.S.C. § 3307 (a). But here again, while the Government has adduced substantial evidence — based on Mildred Was-serman’s own testimony — that Mildred Was-serman neither took the farm property in good faith, see citations to Mildred Wasser-man Dep.”
Consum. Fin. Prot. Bureau v. Carnes (D. Kan. 2023). · cites it 4× “28 U.S.C. § 3307 Next, James Carnes and the JRC Trust also invoke 28 U.”
United States v. Brazile (E.D. Mo. 2020). · cites it 2× “The Braziles respond that whether Steven received “reasonably equivalent value” in the divorce and whether he “reasonably should have believed” he would incur debts beyond his ability to pay are questions of fact inappropriate for summary judgment.”
United States v. Ileana Osborne (6th Cir. 2020). “Moreover, in a related context, conduct similar to Samuel’s has repeatedly been considered sufficient to deprive a transferee of the FDCPA’s good-faith defense in 28 U.S.C. § 3307 (a). See United States v.”
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