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Reasonably anticipated changes in income and expenses: CFCU Federal Credit Union v. Frisbie

CFCU Federal Credit Union v. Frisbie; 2009 U.S. Dist. LEXIS 89464 (W.D.N.Y., Judge Siragusa, Sept. 28, 2009). This case, filed in March of 2006, was one of the early post-BAPCPA (Bankruptcy Abuse Prevention & Consumer Protection Act of 2005) cases. CFCU Federal Credit Union, which was aggressively pursuing the outer boundaries of creditor rights under the new bankruptcy changes, filed a motion to have the case found to be automatically dismissed because the answer was blank in the schedules where the debtor is asked if there was any reasonably anticipated changes ti income or expenses in the year following the filing of the petition. In November of 2006 Judge Ninfo ruled that the blank answer was the same as afnswering "none" so the questions were effectively answered. CFCU appealed to the District Court, but then apparently abandoned its appeal because they never filed a brief. District Court dismissed the appeal bot on the grounds that the credit union failed follow through on the appeal and also in the merits.

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Peter R. Scribner, Esq.
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