Wisconsin Statutes 242.08 – Defenses, liability and protection of transferee
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Terms Used In Wisconsin Statutes 242.08
- Following: when used by way of reference to any statute section, means the section next following that in which the reference is made. See Wisconsin Statutes 990.01
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Lien: A claim against real or personal property in satisfaction of a debt.
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Person: includes all partnerships, associations and bodies politic or corporate. See Wisconsin Statutes 990.01
(1) A transfer or obligation is not voidable under s. 242.04 (1) (a) 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 s. 242.07 (1) (a), the creditor may recover judgment for the value of the asset transferred, as adjusted under sub. (3), or the amount necessary to satisfy the creditor’s claim, whichever is less. The judgment may be entered against any of the following:
(a) The first transferee of the asset or the person for whose benefit the transfer was made.
(b) Any subsequent transferee other than a good faith transferee who took for value or from any subsequent transferee.
(3) If the judgment under sub. (2) 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 this chapter, a good-faith transferee or obligee is entitled, to the extent of the value given the debtor for the transfer or obligation, to any of the following:
(a) A lien on or a right to retain any interest in the asset transferred.
(b) Enforcement of any obligation incurred.
(c) A reduction in the amount of the liability on the judgment.
(5) A transfer is not voidable under s. 242.04 (1) (b) or 242.05 if the transfer results from any of the following:
(a) Termination of a lease upon default by the debtor when the termination is pursuant to the lease and applicable law.
(b) Enforcement of a security interest in compliance with ch. 409.
(6) A transfer is not voidable under s. 242.05 (2):
(a) To the extent that 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;
(b) If made in the ordinary course of business or financial affairs of the debtor and the insider; or
(c) 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.