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CFCU Community Credit Union v. Brown

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK


December 18, 2007

CFCU COMMUNITY CREDIT UNION, APPELLANT,
v.
SHERRY LYNN BROWN, APPELLEE.

The opinion of the court was delivered by: Gary L. Sharpe U.S. District Judge

SUMMARY ORDER

CFCU Community Credit Union ("CFCU") appeals an Order*fn1 of the United States Bankruptcy Court for the Northern District of New York (Gerling, Chief B.J.), entered on July 23, 2007, denying CFCU's objection to Appellee-Debtor Sherry Lynn Brown's claim of a cash exemption pursuant to section 522(b) of the Bankruptcy Code and section 283 of the New York Debtor and Creditor Law. 11 U.S.C. § 522(b); N.Y. DEBT. & CRED. LAW § 283. CFCU argues, inter alia, that New York is without authority to enact bankruptcy-specific exemptions. The court has jurisdiction pursuant to 28 U.S.C. § 158(a).

The court reviews a bankruptcy court's findings of fact for clear error, and reviews a bankruptcy court's conclusions of law de novo. See Yarinsky v. Saratoga Springs Plastic Surgery, PC (In re Saratoga Springs Plastic Surgery, PC), 310 B.R. 493, 498 (N.D.N.Y. 2004) (citations omitted). The facts in the current case are undisputed. Upon a de novo review of the Bankruptcy Court's conclusions of law, the court affirms the thorough opinion of the Bankruptcy Court.

WHEREFORE, for the foregoing reasons, it is hereby ORDERED that the Order of the Bankruptcy Court entered on July 23, 2007 is AFFIRMED; and it is further

ORDERED that CFCU's appeal is DISMISSED.

IT IS SO ORDERED.


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