Wisotzke v. County of Ontario (In re Wisotzke)

Transfer in a state court tax proceeding could not be avoided as fraudulent where debtor did not qualify for state homestead exemption at time of transfer.
Procedural posture: 
Plaintiff Chapter 13 debtor filed a complaint against defendant county requesting a determination that a transfer in a state court tax proceeding was a fraudulent conveyance under 11 U.S.C.S. §§ 544 and 548, seeking to avoid the transfer under 11 U.S.C.S. § 522(h), and seeking a money judgment. The county asserted various counterclaims. The county filed a motion for summary judgment, and the debtor filed a cross-motion for summary judgment.
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Consumer case opionion summary, case decided on February 04,2011, LexisNexis #0211-115