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IN RE TURNER

Nos. 94-6191, 94-6208.

96 F.3d 465 (1996)

In re Curtis Lawayne TURNER and Rita Gail Turner, Debtors. Curtis Lawayne TURNER and Rita Gail Turner, Appellees/Cross-Appellants, v. SMALL BUSINESS ADMINISTRATION, The Administrator of the Small Business Administration, an Agency of the Government of the United States of America, Appellant/Cross-Appellee.

United States Court of Appeals, Tenth Circuit.

September 16, 1996.

Attorney(s) appearing for the Case

Thomas J. Steece, Kenneth L. Peacher, Steece, Mathews, Gray & Peacher, Oklahoma City, OK, for Curtis Lawayne Turner, Rita Gail Turner.

J. Christopher Kohn, Frank W. Hunger, Asst. Atty. Gen., Cynthia L. Alexander, U.S. Dept. of Justice, Civ. Div., Washington, DC, Patrick M. Ryan, U.S. Atty., Oklahoma City, OK, Rosalee Morris, Special Asst., U.S. Small Business Admin., Oklahoma City, OK, for Small Business Admin.

Before HENRY and McKAY, Circuit Judges, and VRATIL, District Judge.

McKAY, Circuit Judge.

This case involves the United States' setoff of Agricultural Stabilization and Conservation Service ("ASCS") payments due the Debtors Curtis and Rita Turner against the Turners' delinquent debt to the Small Business Administration.1 The Turners, after filing bankruptcy, attempted to recover the offset amounts under either 11 U.S.C. § 547 or 11 U.S.C. § 553. The bankruptcy court, affirmed by the district...

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