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IN RE ORTON

No. 11-4157.

687 F.3d 612 (2012)

In re Bradley R. ORTON, Appellant.

United States Court of Appeals, Third Circuit.

Filed: July 20, 2012.

Attorney(s) appearing for the Case

Dennis M. Sloan, Esq. (Argued), Sloan & Associates, P.C., Butler, PA, for Appellant.

Rosemary C. Crawford, Esq. (Argued), Crawford McDonald, LLC, Allison Park, PA, for Appellee.

Before: AMBRO, VANASKIE and ALDISERT, Circuit Judges.

OPINION OF THE COURT

ALDISERT, Circuit Judge.

Debtor Bradley Orton appeals from an order by the United States District Court for the Western District of Pennsylvania, which affirmed the United States Bankruptcy Court for the Western District of Pennsylvania's judgment. Construing the wildcard exemption in 11 U.S.C. § 522(d)(5), those courts held that the Trustee for the Estate, not the Debtor, is entitled to any post-petition appreciation in

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