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SMALL BUSINESS ADMIN. v. RINEHART

No. 88-5442.

887 F.2d 165 (1989)

SMALL BUSINESS ADMINISTRATION, Appellant, v. Harold RINEHART; Marilyn Rinehart, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided October 6, 1989.

Attorney(s) appearing for the Case

John Koppel, Washington, D.C., for appellant.

Jonathan K. VanPatten, Vermillion, S.D., for appellees.

Before LAY, Chief Judge, and BOWMAN, Circuit Judge, and LARSON, Senior District Judge.

LARSON, Senior District Judge.

The United States of America, acting through the Small Business Administration (SBA), appeals from the district court's judgment that the SBA violated the automatic stay provisions of the Bankruptcy Code when it "held" without notice a portion of plaintiffs' farm program payments for an administrative setoff after plaintiffs had filed their bankruptcy petition. 88 B.R. 1014. We agree with the district...

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