No. 21-1078

Office of the United States Trustee v. John Q. Hammons Fall 2006, LLC, et al.

Lower Court: Tenth Circuit
Docketed: 2022-02-04
Status: GVR
Type: Paid
Relisted (2) Experienced Counsel
Tags: bankruptcy-act bankruptcy-administrators bankruptcy-fees bankruptcy-law bankruptcy-trustees congressional-authority constitutional-authority constitutional-interpretation judicial-districts quarterly-fees uniform-laws
Key Terms:
AdministrativeLaw Privacy JusticiabilityDoctri
Latest Conference: 2022-06-09 (distributed 2 times)
Question Presented (AI Summary)

Whether Section 1004(a) of the Bankruptcy Judgeship Act of 2017 contravened Congress's constitutional authority to establish uniform laws on the bankruptcy subject

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Whether Section 1004(a) of the Bankruptcy Judgeship Act of 2017, Pub. L. No. 115-72, Div. B, 181 Stat. 1232 (28 U.S.C. 1930(a)(6)(B) (2018)), which amended the schedule of quarterly fees payable to the United States Trustee in certain pending bankruptcy cases, contravened Congress’s constitutional authority to “establish * * * uniform Laws on the subject of Bankruptcies,” U.S. Const. Art. I, § 8, Cl. 4, because it was initially applied only in the 88 federal judicial districts that have United States Trustees but not in the 6 districts that have Bankruptcy Administrators. 2. Whether, if Section 1004(a) is found unconstitutional, the appropriate remedy is to require the United States Trustee to refund a portion of the quarterly fees paid by respondents in a United States Trustee district. (I)

Docket Entries

2022-07-15
JUDGMENT ISSUED
2022-06-13
Petition GRANTED. Judgment VACATED and case REMANDED for further consideration in light of <i>Siegel</i> v. <i>Fitzgerald</i>, 596 U. S. ___ (2022).
2022-06-06
DISTRIBUTED for Conference of 6/9/2022.
2022-03-23
DISTRIBUTED for Conference of 4/14/2022.
2022-03-22
Reply of petitioner Office of the United States Trustee filed.
2022-03-07
Brief of respondents John Q. Hammons Fall 2006, LLC, et al. in opposition filed.
2022-02-02
Petition for a writ of certiorari filed. (Response due March 7, 2022)
2022-01-03
Application (21A270) granted by Justice Gorsuch extending the time to file until February 2, 2022.
2021-12-22
Application (21A270) to extend the time to file a petition for a writ of certiorari from January 3, 2022 to February 2, 2022, submitted to Justice Gorsuch.

Attorneys

John Q. Hammons Fall 2006, LLC, et al.
Nicholas Jay ZlutickyStinson LLP, Respondent
Office of the United States Trustee
Elizabeth B. PrelogarSolicitor General, Petitioner