IN RE MYERS

No. 02-2350.

362 F.3d 667 (2004)

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

United States Court of Appeals, Tenth Circuit.

March 29, 2004.


Attorney(s) appearing for the Case

Edward Himmelfarb, Appellate Staff Civil Division, Department of Justice (Robert D. McCallum, Jr., Assistant Attorney General, Washington, D.C., David C. Iglesias, United States Attorney, Albuquerque, N.M., and William Kanter, Appellate Staff Civil Division, Department of Justice, Washington, D.C., with him on the briefs), Washington, D.C., for Appellant.

George M. Moore, George M. Moore & Associates, Albuquerque, N.M., for Appellees.

Before LUCERO, BALDOCK, and TYMKOVICH, Circuit Judges.


BALDOCK, Circuit Judge.

In March 2000, Wesley Allen Myers and Sonja Diane Myers (Debtors) filed a Chapter 12 bankruptcy petition in the United States Bankruptcy Court. The Farm Service Agency (FSA), an agency within the United States Department of Agriculture, filed a motion for relief from the automatic stay to setoff government program payments owed to Debtors. The bankruptcy court denied the FSA's motion, holding administrative regulations prohibited setoff. On...

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