Legal Opinion

Ricky Wayne Bracewell v. Walter W. Kelley

Court of Appeals for the Eleventh Circuit

Decided June 30, 2006No. 05-11951PublishedCited by 72 opinions

1Opinion of the Court

CARNES, Circuit Judge:

This is an appeal by the trustee of the bankruptcy estate of Ricky Bracewell from an order of the district court excluding from the estate a payment Bracewell received under the Agricultural Assistance Act of 2003 for crop losses he had sustained. The appeal turns on the issue of whether a crop disaster payment is property of the debtor’s estate under 11 U.S.C. § 541(a)(1) or (a)(6) if the losses occurred before the bankruptcy filing or conversion date but the legislation authorizing the payment came afterwards. The bankruptcy court ruled that the payments were property…

2Cases cited33 opinions

  1. Connecticut National Bank v. GermainSupreme Court of the United States · 1992
  2. Lamie v. United States TrusteeSupreme Court of the United States · 2004
  3. United States v. Whiting Pools, Inc.Supreme Court of the United States · 1983
  4. TRW Inc. v. AndrewsSupreme Court of the United States · 2001
  5. Artuz v. BennettSupreme Court of the United States · 2000

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3Cited by72 opinions

  1. Dionte Tyler v. DH Capital Management, Inc.Court of Appeals for the Sixth Circuit · 2013
  2. Dzikowski v. Northern Trust Bank of Florida, N.A. (In Re Prudential of Florida Leasing, Inc.)Court of Appeals for the Eleventh Circuit · 2007
  3. In Re Chief Executive Officers Clubs, Inc.United States Bankruptcy Court, S.D. New York · 2007
  4. Official Committee of Unsecured Creditors of Tousa, Inc. v. Citicorp North America, Inc. (In Re Tousa, Inc.)United States Bankruptcy Court, S.D. Florida. · 2009
  5. In Re BrownUnited States Bankruptcy Court, N.D. Florida · 2006

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