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IN RE BURGESS

No. 04-30189.

392 F.3d 782 (2004)

In the Matter of: Edward Keith BURGESS, Debtor. Edward Keith Burgess, Appellant, v. Lucy G. Sikes; United States Trustee, Appellees.

United States Court of Appeals, Fifth Circuit.

December 6, 2004.

Attorney(s) appearing for the Case

James Willis Berry, Rayville, LA, George F. Fox, Jr., McIntosh, Fox & Lancaster, Lake Providence, LA, for Appellant.

Lucy G. Sikes, Alexandria, LA, pro se.

Frances Hewitt Strange, U.S Dept. of Justice, Office of U.S. Trustee, Shreveport, LA, for Appellee.

Before REAVLEY, BENAVIDES and PRADO, Circuit Judges.

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...

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