Farmers Home Administration v. Buckner (In Re Buckner)

MATHESON, Bankruptcy Judge,

Concurring.

I concur with the reasoning and result reached by the majority in the Tuttle matter. In the Buckner matter I concur in the result, but would do so for other reasons.

The Buckner case is before the Court in an odd procedural posture, and one that is not fully explained either by the record or the parties. In Buckner the district court entered its order reversing the order of the bankruptcy court that denied the United States’ motion for relief from stay. The mandate from the district court required the bankruptcy court to convene a hearing on the motion for…