Osberg v. Fibison (In re Fibison)

MEMORANDUM DECISION DENYING TRUSTEE’S MOTION FOR SUMMARY JUDGMENT

THOMAS S. UTSCHIG, Bankruptcy Judge.

James and Lisa Fibison filed this bankruptcy case in October of 2008. The previous January, James executed a quit claim deed to certain real estate in favor of his father George, the defendant in this adversary proceeding. The chapter 7 trustee seeks to avoid this transaction as a fraudulent transfer under either § 548(a)(1)(B) of the bankruptcy code or Wis. Stat. § 242.04(l)(b).1 This matter is a core proceeding under 28 U.S.C. § 157(b)(2)(H) and the Court has jurisdiction under 28 U.S.C. §…