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11 U.S.C. § 551 — Automatic preservation of avoided transfer
Federal law — U.S. Code and appendices · legal_authorities
Any transfer avoided under section 522, 544, 545, 547, 548, 549, or 724(a) of this title, or any lien void under [section 506(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title11-section506/d&num=0&edition=prelim), is preserved for the benefit of the estate but only with respect to property of the estate.
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Source file: Laws/federal/codes/united-states-code/title-11/section-551-automatic-preservation-of-avoided-transfer--ec5566251d.md
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Source location: Title 11, Chapter 5, § 551; chapter-005-creditors-the-debtor-and-the-estate.md
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Any transfer avoided under section 522, 544, 545, 547, 548, 549, or 724(a) of this title, or any lien void under [section 506(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title11-section506/d&num=0&edition=prelim), is preserved for the benefit of the estate but only with respect to property of the estate.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** After notice and a hearing, the trustee may abandon any property of the estate that is burdensome to the estate or that is of inconsequential value and benefit to the estate.
**(b)** On request of a party in interest and after notice and a hearing, the court may order the trustee to abandon any property of the estate that is burdensome to the estate or that is of inconsequential value and benefit to the estate.
**(c)** Unless the court orders otherwise, any property scheduled under [section 521(a)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title11-section521/a/1&num=0&edition=prelim) not otherwise administered at the time of the closing of a case is abandoned to the debtor and administered for purposes of [section 350 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title11-section350&num=0&edition=prelim).
**(d)** Unless the court orders otherwise, property of the estate that is not abandoned under this section and that is not administered in the case remains property of the estate.
Source: Supplied U.S. Code snapshot — release unconfirmed · 11 U.S.C. § 554
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** In this section—
(1) “dependent” includes spouse, whether or not actually dependent; and
(2) “value” means fair market value as of the date of the filing of the petition or, with respect to property that becomes property of the estate after such date, as of the date such property becomes property of the estate.
**(b)**
(1) Notwithstanding [section 541 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title11-section541&num=0&edition=prelim), an individual debtor may exempt from property of the estate the property listed in either paragraph (2) or, in the alternative, paragraph (3) of this subsection. In joint cases filed under [section 302 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title11-section302&num=0&edition=prelim) and individual cases filed under section 301 or 303 of this title by or against debtors who are husband and wife, and whose estates are ordered to be jointly administered under Rule 1015(b) of the Federal Rules of Bankruptcy Procedure, one debtor may not elect to exempt property listed in paragraph (2) and the other debtor elect to exempt property listed in paragraph (3) of this subsection. If the parties cannot agree on the alternative to be elected, they shall be deemed to elect paragraph (2), where such election is permitted under the law of the jurisdiction where the case is filed.
(2) Property listed in this paragraph is property that is specified under subsection (d), unless the State law that is applicable to the debtor under paragraph (3)(A) specifically does not so authorize.
(3) Property listed in this paragraph is—
(A) subject to subsections (o) and (p), any property that is exempt under Federal law, other than subsection (d) of this section, or State or local law th
Source: Supplied U.S. Code snapshot — release unconfirmed · 11 U.S.C. § 522
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Federal law — U.S. Code and appendices · legal_authorities
Page 181
TITLE 11—BANKRUPTCY
§ 552
Subsec. (d)(1)(B). Pub. L. 98–353, § 465(b)(2), substituted
‘‘the value of such property’’ for ‘‘value’’.
Subsec. (d)(2)(D). Pub. L. 98–353, § 465(b)(3), sub-
stituted ‘‘payment of any debt secured by a lien on
such property that is superior or equal to the rights of
the trustee; and’’ for ‘‘payment of any debt secured by
a lien on such property.’’
Subsec. (d)(2)(E), (F). Pub. L. 98–353, § 465(b)(3), (4),
struck out subpar. (E) ‘‘discharge of any lien against
such property that is superior or equal to the rights of
the trustee; and’’ and redesignated subpar. (F) as (E).
Subsec. (e)(1). Pub. L. 98–353, § 465(c), substituted ‘‘or’’
for ‘‘and’’.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 1994 AMENDMENT
Amendment by Pub. L. 103–394 effective Oct. 22, 1994,
and not applicable with respect to cases commenced
under this title before Oct. 22, 1994, see section 702 of
Pub. L. 103–394, set out as a note under section 101 of
this title.
EFFECTIVE DATE OF 1984 AMENDMENT
Amendment by Pub. L. 98–353 effective with respect
to cases filed 90 days after July 10, 1984, see section
552(a) of Pub. L. 98–353, set out as a note under section
101 of this title.
§ 551. Automatic preservation of avoided transfer
Any transfer avoided under section 522, 544,
545, 547, 548, 549, or 724(a) of this title, or any lien
void under section 506(d) of this title, is pre-
served for the benefit of the estate but only with
respect to property of the estate.
(Pub. L. 95–598, Nov. 6, 1978, 92 Stat. 2602.)
HISTORICAL AND REVISION NOTES
LEGISLATIVE STATEMENTS
Section 551 is adopted from the House bill and the al-
ternative in the Senate amendment is rejected. The
section is clarified to indicate that a transfer avoided
or a lien
Source: Supplied 2024 U.S. Code historical extraction · 11 U.S.C. § 551
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