U.S. THROUGH ASCS v. GERTH

No. 92-1799.

991 F.2d 1428 (1993)

UNITED STATES of America, acting Through the AGRICULTURAL STABILIZATION AND CONSERVATION SERVICE, Appellant, v. Willis R. GERTH, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided April 29, 1993.


Attorney(s) appearing for the Case

Samuel R. Maizel, argued, Washington, DC, for appellant.

Harry E. Engberg, argued, Sioux Falls, SD, for appellee.

Before MAGILL, Circuit Judge, HEANEY, Senior Circuit Judge, and BEAM, Circuit Judge.


MAGILL, Circuit Judge.

The Department of Agriculture's Agricultural Stabilization and Conservation Service (ASCS) appeals from denial of a motion for modification of automatic stay and for setoff in a Chapter 12 reorganization proceeding. 136 B.R. 241. ASCS claims it has a right under 11 U.S.C. § 553 to set off a debtor's Conservation Reserve Program (CRP) payments against a debt which the debtor owes the government. This case...

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