- 11 U.S.C.
Fisher v. Moon (In re Fisher)
Oct
04
2006
Ruling
Duly noticed and conducted foreclosure sale for less than reasonable value was not a fraudulent transfer.
Procedural posture
Defendant county treasurer foreclosed on debtor's property for non- payment of property taxes. The total consideration received was the outstanding tax obligation of $1,843.75. Debtor and the chapter 13 trustee filed an avoidance action under 11 U.S.C. § 548(a)(1)(B), claiming the value of the property was approximately $68,000, and thus the transfer by the treasurer constituted a fraudulent conveyance. The parties moved for summary judgment.
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Court
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