Burgess v. Sikes

EDITH H. JONES, Chief Judge, joined by JERRY E. SMITH, RHESA HAWKINS BARKSDALE, EMILIO M. GARZA, DeMOSS, EDITH BROWN CLEMENT and OWEN, Circuit Judges,

dissenting from the majority opinion:

The issue posed in this case is whether federal agriculture disaster payments, enacted by Congress to compensate farmers for crops planted but destroyed by drought or flood, are included within a farmer’s Chapter 7 bankruptcy estate when the federal law was enacted after the bankruptcy filing. Because we disagree with the majority’s resolution of this issue, we respectfully dissent.

A debtor’s bankruptcy…