The Eleventh Circuit never ruled that the trustee must establish avoidability of a transfer as part of a recovery suit if the transfer has already been avoided. “Nor, does the Court think, would it ever. First, the language of section 550 is clear. The initial transfer must be avoided, or in the Eleventh Circuit, proven avoidable, in order for the trustee to recover against the subsequent transferee. Nowhere in section 550 does it require or suggest that the transfer must always be avoided in the action brought against the subsequent transferee.” Case Number: 18-1493, Judge Name: LMI Case Name: YIP V. GOOGLE, Sign Date: 10/22/2019 Cite: 2019 WL 5420012.
Posted Oct 28, 2019
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