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IN RE MYERS

BAP No. NM-02-035. Bankruptcy No. 12-00-11511 SR.

284 B.R. 478 (2002)

In re Wesley Allen MYERS and Sonja Diane Myers, Debtors. United States of America, on behalf of the Department of Agriculture Farm Services Agency ("FSA"), Appellant, v. Wesley Allen Myers, Sonja Diane Myers, and Ronald E. Holmes, Trustee, Appellees.

United States Bankruptcy Appellate Panel of the Tenth Circuit.

October 22, 2002.

Attorney(s) appearing for the Case

Submitted on the briefs:* David C. Iglesias, United States Attorney, and Manuel Lucero, Assistant United States Attorney, Albuquerque, New Mexico, for Appellant.

George M. Moore of George M. Moore & Associates, Albuquerque, New Mexico, for Appellees Wesley A. Myers and Sonja D. Myers.

Ronald E. Holmes, Trustee, did not appear or file a brief.

Before BOHANON, BOULDEN, and NUGENT, Bankruptcy Judges.

OPINION

BOHANON, Bankruptcy Judge.

This appeal of an order denying appellant's motion for relief from the stay turns on the issue of whether the appellant may set off funds it owes to the appellee-debtors for certain crop payments against what it claims the debtors owe to it as holder of a foreclosure judgment.

The complaint was decided below on complex issues of which one of various Farm Service Agency administrative regulations and programs applies...

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