United States v. Nelson (In Re Nelson)

MEMORANDUM OPINION AND ORDER

JOHN B. JONES, Chief Judge.

Introduction

FmHA appeals from a ruling of the bankruptcy court prohibiting the trustee’s sale of the debtors’ property.

Jurisdiction

This Court takes jurisdiction over this matter pursuant to 28 U.S.C. § 158(a).

Standard of Review

This Court shall review the decisions of law of the bankruptcy court de novo (In re Newcomb, 744 F.2d 621, 625 (8th Cir.1984).), and findings of fact shall be upheld unless clearly erroneous (Bankruptcy Rule 8013.).

BACKGROUND

Debtors own a farm encumbered by a first mortgage securing a loan from FmHA. The debtors…