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CFCU COMMUNITY CREDIT UNION v. HAYWARD

No. 07-4369-bk.

552 F.3d 253 (2009)

CFCU COMMUNITY CREDIT UNION, Appellant, v. Jerald John HAYWARD, II, Lois Evelyn Hayward, Appellees, State of New York, Office of The Attorney General, Intervenor, Peter Scribner, Trustee.

United States Court of Appeals, Second Circuit.

Decided: January 9, 2009.

Attorney(s) appearing for the Case

Edward Y. Crossmore, The Crossmore Law Office, Ithaca, N.Y. for Appellant.

Jeff Coleman, Ithaca, N.Y. for Appellees.

Owen Demuth, Assistant Solicitor General, (Barbara D. Underwood, Solicitor General, Andrew D. Bing, Deputy Solicitor General), for Andrew M. Cuomo, Attorney General of the State of New York.

Before WESLEY, HALL, and GIBSON, Circuit Judges.

WESLEY, Circuit Judge:

In August 2005, the New York State Legislature amended N.Y. C.P.L.R. 5206 to increase the state's homestead exemption from $10,000 to $50,000. See 2005 N.Y. Laws Ch. 623. In addition to exempting a judgment debtor's home "from application to the satisfaction of a money judgment," N.Y. C.P.L.R. 5206(a), New York debtors are entitled to claim this exemption in bankruptcy proceedings. See N.Y. Debt. & Cred. Law § 282;

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