IN RE BUCKNER

BAP Nos. KS-97-047, KS-97-048, Bankruptcy Nos. 90-42105, 93-40549, Adversary No. 93-7189.

218 B.R. 137 (1998)

In re Steve A. BUCKNER, Debtor. In re John Marshall TUTTLE and Leona Julia Tuttle, Debtors. FARMERS HOME ADMINISTRATION, Appellant, v. Steve A. BUCKNER, Appellee. John Marshall TUTTLE and Leona Julia Tuttle, Plaintiffs — Appellees, v. UNITED STATES of America, Farmers Home Administration, Commodity Credit Corporation, and Agricultural Stabilization and Conservation Service, Defendants—Appellants.

United States Bankruptcy Appellate Panel of the Tenth Circuit.

March 5, 1998.


Attorney(s) appearing for the Case

Submitted on the briefs:*

Frank W. Hunger, Assistant Attorney General; Jackie N. Williams, United States Attorney; Connie R. Calvert, Assistant United States Attorney, Wichita, KS.; and J. Christopher Kohn, Tracy J. Whitaker, Cynthia L. Alexander, and Margaret L. Baskette, Attorneys, Civil Division, Department of Justice, Washington, DC, for Appellants.

Jan Hamilton of Hamilton, Peterson & Keeshan, Topeka, KS, for Appellees.

Before BOULDEN, CORNISH, and MATHESON, Bankruptcy Judges.


OPINION

BOULDEN, Bankruptcy Judge.

These cases involve a consolidated appeal of a Judgment on Decision ruling that Farmers Home Administration (FmHA) could not setoff under 11 U.S.C. § 5531 prepetition payments owed to FmHA against payments that were owed to the debtors by the Conservation Reserve Program (CRP). The various governmental agencies (collectively the United States) appealed the Judgment on Decision to this court...

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