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.1 (8th Cir.1996) (analyzing § 548(a)(2) in the context of a Ponzi scheme as a “constructive fraudulent transfer,” and explaining that § 548(a)(2) “is the remedy appropriate” to void transfers made “in contemplation of bankruptcy”) (emphasis added); In re Dore & Associates, Inc., 178 B.R. 607, 613 (Bankr.N.D.Ga.1995) (holding that a constructive fraudulent transfer under § 548(a)(2) requires proof of a “transferee without knowledge”); In re Hamilton Hardware Co., Inc., 118 B.R. 585, 589 (Bankr.N.D.Ohio 1990) (quoting H.R.Rep. No. 95-595, at 375 (1977), reprinted in 1978 U.S.C.C.A.N. 5963, 6367). In contrast, Congress intentionally chose to confine § 548(a)(1) to avoid the “involuntary” nature of the payments in a bankruptcy context. See Archer v. Warner, 538 U.S. 314, 321, 123 S.Ct. 1462, 155 L.Ed.2d 454 (2003) (noting that a statute should be construed in a manner to avoid unintended results). Section 548(a)(1) makes no distinction between involuntary and voluntary transfers. We conclude that involuntary transfers may be avoided pursuant to § 548(a)(1).
Our conclusion is reinforced by the language of § 550, which grants a bankruptcy trustee a right to recover the avoided transfer from the initial transferee (§ 550(a)(1)) and the secondary transferee (§ 550(b)). Section 550(a)(1) expressly provides that the trustee may avoid a transfer made “under section 544, 545, 547, 548, 549, or 724(a).” Section 550(b) limits a trustee’s ability to recover from a subsequent transferee to those whose transferee status arose after the transfer. Id. At the time the transfers were made in this case, the bankruptcy courts had concurrent jurisdiction over a trustee’s adversary proceeding for avoidance and recovery
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