Fifth Circuit· 1/27/2006

Burgess v. Sikes

Citations

438 F.3d 493
2006 U.S. App. LEXIS 2056
45 Bankr. Ct. Dec. (CRR) 266
2006 WL 205043

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

finding dis-positive the fact that the crop disaster payment legislation that gave rise to the payment was only enacted into law after the commencement of the case
noting sufficiently rooted test did not survive enactment of Bankruptcy Code because 11 U.S.C. § 541 expressly defines property of bankruptcy estate and former § 70a [5] of Bankruptcy Act did not
“[H]e did not have a prepetition claim to, or interest in, the disaster-relief payment because the legislation authorizing the payment had not yet been enacted.”
\ Segal 's `sufficiently rooted' test did not survive the enactment of the Bankruptcy Code.\
section 541(a)(1) provides temporal limitation and debtor must have pre-petition interest in remedy “at the commencement of the case”
“Mere allegations, unsupported by specific facts or evidence beyond the nonmoving party’s own conclusions, are insufficient to withstand a motion for summary judgment.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Jones, Reavley, Jolly, Higginbotham, Davis, Smith, Wiener, Barksdale, Garza, Demoss, Benavides, Stewart, Dennis, Clement, Prado, Owen

Read full opinion on CourtListener

Cited by

27 cases in this archive cite this case; the 20 most cited are listed.

Cites

53 cases in this archive are cited by this case; the 20 most cited are listed.

Other cases named Burgess v. Sikes

4 other CourtListener records share this case name.

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.