Legal Opinion

Burgess v. Sikes

Court of Appeals for the Fifth Circuit

Decided December 6, 2004No. 04-30189PublishedCited by 12 opinions

1Opinion of the Court

REAVLEY, Circuit Judge:

Agreeing with other circuits, we hold that a crop disaster payment from the federal government to a farmer, who was the debtor in a closed bankruptcy case, should not be treated as property of his bankruptcy estate. We reverse the judgment of the district court.

BACKGROUND

The relevant facts are not in dispute. Appellant Edward Burgess, a farmer, filed a bankruptcy petition under Chapter 7 of the Bankruptcy Code on August 2, 2002. A bankruptcy trustee was appointed. Burgess received a discharge on December 5, 2002. Legislation known as the Agricultural Assistance Act of…

2Cases cited13 opinions

  1. United States v. Whiting Pools, Inc.Supreme Court of the United States · 1983
  2. Segal v. RochelleSupreme Court of the United States · 1966
  3. Matter of Haber Oil Co., Inc.Court of Appeals for the Fifth Circuit · 1994
  4. Louisiana World Exposition v. Federal Insurance CompanyCourt of Appeals for the Fifth Circuit · 1988
  5. Georgia Pacific Corporation v. Sigma Service CorporationCourt of Appeals for the Fifth Circuit · 1983

8 more not listed; retrieve them via the Exa API.

3Cited by12 opinions

  1. Burgess v. SikesCourt of Appeals for the Fifth Circuit · 2006
  2. Bracewell v. Kelley (In Re Bracewell)District Court, M.D. Georgia · 2005
  3. Burgess v. SikesCourt of Appeals for the Fifth Circuit · 2005
  4. Burgess v. SikesCourt of Appeals for the Fifth Circuit · 2006
  5. Burgess v. SikesCourt of Appeals for the Fifth Circuit · 2005

7 more not listed; retrieve them via the Exa API.

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