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IN RE NELSON

Bankruptcy No. 90-40163-PKE.

123 B.R. 993 (1991)

In re David E. NELSON and Marsha R. Nelson, Debtors.

United States Bankruptcy Court, D. South Dakota, S.D.

February 13, 1991.

Attorney(s) appearing for the Case

Rick A. Yarnall, Chapter 7 Bankruptcy Trustee, Sioux Falls, S.D., for the Bankruptcy Estate of David E. Nelson and Marsha R. Nelson.

Michael J. McGill, Beresford, S.D., for debtors David E. Nelson and Marsha R. Nelson.

Marsha K. Stacey, Asst. U.S. Atty., Sioux Falls, S.D., on behalf of the U.S., Farmers Home Admin.

John A. Schlimgen, Stuart & Gerry, Sioux Falls, S.D., for Tenant Gerald Fitzgerald.

Phillip O. Peterson, Beresford, S.D., for Potential Buyers Neil and Nancy Shuck.

Charles L. Nail, Jr., Assistant U.S. trustee, Sioux Falls, S.D.

MEMORANDUM DECISION

PEDER K. ECKER, Bankruptcy Judge.

ACTION

This decision adjudicates objections filed to the Chapter 7 Trustee's notice of proposed action to sell real property free and clear of liens and encumbrances. The action pits two different bodies of federal law against each other: bankruptcy law and U.S. Department of Agriculture loan subsidies. After analyzing relevant provisions of the Bankruptcy Code and agricultural regulations as...

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