Legal Opinion

Farmers Home Administration v. Buckner (In Re Buckner)

Bankruptcy Appellate Panel of the Tenth Circuit

Decided March 5, 1998No. BAP Nos. KS-97-047, KS-97-048, Bankruptcy Nos. 90-42105, 93-40549, Adversary No. 93-7189PublishedCited by 14 opinions

1Opinion of the Court

OPINION

BOULDEN, Bankruptcy Judge.

These cases involve a consolidated appeal of a Judgment on Decision ruhng 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. Because we conclude that the bankruptcy court abused its discretion in failing to follow the law of the case, and that the decision denying the United States’ right to…

2Cases cited45 opinions

  1. Pierce v. UnderwoodSupreme Court of the United States · 1988
  2. Cooter & Gell v. Hartmarx Corp.Supreme Court of the United States · 1990
  3. Arizonans for Official English v. ArizonaSupreme Court of the United States · 1997
  4. Arizona v. CaliforniaSupreme Court of the United States · 1983
  5. Pennsylvania Department of Public Welfare v. DavenportSupreme Court of the United States · 1990

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3Cited by14 opinions

  1. United States Ex Rel. Department of Agriculture Farm Service Agency v. Myers (In Re Myers)Court of Appeals for the Tenth Circuit · 2004
  2. Commercial Financial Services, Inc. v. Jones (In Re Commercial Financial Services, Inc.)United States Bankruptcy Court, N.D. Oklahoma · 2000
  3. Weisfelner v. Fund 1 (In re Lyondell Chemical Co.)United States Bankruptcy Court, S.D. New York · 2014
  4. Southwestern Bell Telephone Co. v. Long Shot Drilling, Inc. (In Re Long Shot Drilling, Inc.)Bankruptcy Appellate Panel of the Tenth Circuit · 1998
  5. In Re Bashas' Inc.United States Bankruptcy Court, D. Arizona · 2010

9 more not listed; retrieve them via the Exa API.

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