Office of the United States Trustee v. John Q. Hammons Fall 2006, LLC, et al.
AdministrativeLaw Privacy JusticiabilityDoctri
Whether Section 1004(a) of the Bankruptcy Judgeship Act of 2017 contravened Congress's constitutional authority to establish uniform laws on the bankruptcy subject
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)