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United States Eleventh Circuit


Bracewell v. Kelley, 05-11951

Exclusion of a federal payment for crop loss from a bankruptcy estate when the loss occurred before the creation of the estate, but the law creating the right to the payment was enacted afterwards, is affirmed where: 1) there was no legal or equitable right to the payment at the moment of creation; and 2) the assistance did not constitute proceeds from the property of the estate.

Appellate Information

  • Decided 06/30/2006
  • Published 06/30/2006

Judges

  • CARNES, Circuit Judge:, Before CARNES, HULL and PRYOR, Circuit Judges.

Court

  • United States Eleventh Circuit

Counsel

  • For Appellant:
  • Thomas Dozier Lovett, Kelley, Lovett, Mullis & Blakey, P.C., Valdosta, GA, for Kelley., Arthur J. Shelfer, Jr., Thomasville, GA, for Bracewell.

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