IN RE BRACEWELL

No. 05-11951.

454 F.3d 1234 (2006)

In Re: Ricky Wayne BRACEWELL, Debtor. Ricky Wayne Bracewell, Plaintiff-Appellee, v. Walter W. Kelley, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

June 30, 2006.


Attorney(s) appearing for the Case

Thomas Dozier Lovett, Kelley, Lovett, Mullis & Blakey, P.C., Valdosta, GA, for Kelley.

Arthur J. Shelfer, Jr., Thomasville, GA, for Bracewell.

Before CARNES, HULL and PRYOR, Circuit Judges.


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...

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