{"data":{"id":"us-dc/d.c.-code-28-3108","jurisdiction":"us-dc","citation":"D.C. Code § 28-3108","heading":"Defenses, liability, and protection of transferee.","body":"(a)\nA transfer or obligation is not voidable under section 28-3104(a)(1) against a person who took in good faith and for a reasonably equivalent value or against any subsequent transferee or obligee.\n\n(b)\nExcept as otherwise provided in this section, to the extent a transfer is voidable in an action by a creditor under section 28-3107(a)(1), the creditor may recover judgment for the value of the asset transferred, as adjusted under subsection (c) of this section, or the amount necessary to satisfy the creditor’s claim, whichever is less. The judgment may be entered against:\n(1)\nThe first transferee of the asset or the person for whose benefit the transfer was made; or\n(2)\nAny subsequent transferee other than a good-faith transferee or obligee who took for value or from any subsequent transferee or obligee.\n\n(c)\nIf the judgment under subsection (b) 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.\n\n(d)\nNotwithstanding 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:\n(1)\nA lien on, or a right to retain, any interest in the asset transferred;\n(2)\nEnforcement of any obligation incurred; or\n(3)\nA reduction in the amount of the liability on the judgment.\n\n(e)\nA transfer is not voidable under section 28-3104(a)(2) or section 28-3105 if the transfer results from:\n(1)\nTermination of a lease upon default by the debtor when the termination is pursuant to the lease and applicable law; or\n(2)\nEnforcement of a security interest in compliance with sections 28:9-101 through 28:9-507.\n\n(f)\nA transfer is not voidable under section 28-3105(b):\n(1)\nTo 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;\n(2)\nIf made in the ordinary course of business or financial affairs of the debtor and the insider; or\n(3)\nIf 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.","path":["Title 28. Commercial Instruments and Transactions. [Enacted title]","Chapter 31. Fraudulent Conveyances."],"source_url":"https://code.dccouncil.gov/us/dc/council/code/sections/28-3108","current_through":"2026-08-20 (D.C. Law 26-175)","vintage":"","retrieved_at":"2026-08-29T05:44:07Z","sha256":"38f170c452012d078ee8d591d42cc0830fa7172fee1b3126eec95fbbab53e228","source_id":"us-dc","stale":false,"prev":"us-dc/d.c.-code-28-3107","next":"us-dc/d.c.-code-28-3109"},"notice":"GroundRules: Original legal text. Not legal advice."}
