No. 21-1123

William K. Harrington, United States Trustee, Region 2 v. Clinton Nurseries, Inc., et al.

Lower Court: Second Circuit
Docketed: 2022-02-14
Status: GVR
Type: Paid
Response RequestedRelisted (2) Experienced Counsel
Tags: bankruptcy-administrators bankruptcy-fees bankruptcy-law bankruptcy-trustees congressional-authority constitutional-interpretation constitutional-law judicial-districts quarterly-fees uniform-laws
Key Terms:
AdministrativeLaw Takings FifthAmendment Privacy JusticiabilityDoctri
Latest Conference: 2022-10-07 (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 subject of Bankruptcies

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

2022-11-14
Judgment issued.
2022-10-11
Petition GRANTED. Judgment VACATED and case REMANDED for further consideration in light of <i>Siegel</i> v. <i>Fitzgerald</i>, 596 U. S. ___ (2022).
2022-09-14
DISTRIBUTED for Conference of 10/7/2022.
2022-08-30
Memorandum For Respondents filed.
2022-07-29
Motion to extend the time to file a response is granted and the time is further extended to and including September 1, 2022, for all respondents.
2022-07-26
Motion to extend the time to file a response from August 1, 2022 to September 1, 2022, submitted to The Clerk.
2022-06-17
Motion to extend the time to file a response is granted and the time is further extended to and including August 1, 2022, for all respondents.
2022-06-14
Motion to extend the time to file a response from July 1, 2022 to August 1, 2022, submitted to The Clerk.
2022-05-11
Motion to extend the time to file a response is granted and the time is further extended to and including July 1, 2022, for all respondents.
2022-05-09
Motion to extend the time to file a response from June 3, 2022 to July 1, 2022, submitted to The Clerk.
2022-04-22
Motion to extend the time to file a response is granted and the time is extended to and including June 3, 2022.
2022-04-20
Motion to extend the time to file a response from May 4, 2022 to June 3, 2022, submitted to The Clerk.
2022-04-04
Response Requested. (Due May 4, 2022)
2022-03-29
DISTRIBUTED for Conference of 4/14/2022.
2022-02-14
Petition for a writ of certiorari filed. (Response due March 16, 2022)
2022-01-07
Application (21A207) granted by Justice Sotomayor extending the time to file until February 14, 2022.
2022-01-04
Application (21A207) to extend further the time from January 14, 2022 to February 14, 2022, submitted to Justice Sotomayor.
2021-12-07
Application (21A207) granted by Justice Sotomayor extending the time to file until January 14, 2022.
2021-12-03
Application (21A207) to extend the time to file a petition for a writ of certiorari from December 16, 2021 to January 14, 2022, submitted to Justice Sotomayor.

Attorneys

Clinton Nurseries, Inc., et al.
Bradley Loy DrellGold, Weems, Bruser, Sues & Rundell, APLC, Respondent
Eric A. HenzyZeisler & Zeisler, PC, Respondent
William K. Harrington, United States Trustee, Region 2
Elizabeth B. PrelogarSolicitor General, Petitioner