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IN RE LARES

No. 98-35881.

188 F.3d 1166 (1999)

In re: Cindy L. LARES, Debtor. Cindy L. Lares, now known as Cindy L. Greene, Appellant, v. West One Bank, (Idaho), Defendant-Appellee, and Ford Elsaesser, Trustee-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided August 31, 1999.

Attorney(s) appearing for the Case

James Westberg, Landeck, Westberg, Judge & Graham, Moscow, Idaho, for the appellant.

Larry Prince, Holland & Hart, Boise, Idaho, for the defendant-appellee.

Before: LEAVY, TROTT, and T.G. NELSON, Circuit Judges.

T.G. NELSON, Circuit Judge:

The bank in which Cindy Lares had deposited the proceeds of the sale of her home exercised its contractual right to offset the funds in the account against a preexisting business debt personally guaranteed by Lares. She appeals the district court's order affirming the bankruptcy court's decision denying her claim that the funds were exempt from setoff.

FACTS AND PROCEDURAL HISTORY

Cindy Lares ("Lares") and her then husband...

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