No. 22-1238

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

Lower Court: Tenth Circuit
Docketed: 2023-06-23
Status: Judgment Issued
Type: Paid
Amici (6) Experienced Counsel
Tags: bankruptcy-administration bankruptcy-administrators bankruptcy-fees bankruptcy-law bankruptcy-trustees bankruptcy-uniformity constitutional-law constitutional-uniformity judicial-districts remedial-relief united-states-trustee
Key Terms:
AdministrativeLaw JusticiabilityDoctri
Latest Conference: 2023-09-26
Question Presented (AI Summary)

Whether the appropriate remedy for the constitutional uniformity violation found by this Court in Siegel, supra, is to require the United States Trustee to grant retrospective refunds of the increased fees paid by debtors in United States Trustee districts during the period of disuniformity, or is instead either to deem sufficient the prospective remedy adopted by Congress or to require the collection of additional fees from a much smaller number of debtors in Bankruptcy Administrator districts

Question Presented (OCR Extract)

QUESTION PRESENTED Section 1004(a) of the Bankruptcy Judgeship Act of 2017, Pub. L. No. 115-72, Div. B, 131 Stat. 1232 (28 U.S.C. 1930(a)(6)(B) (2018)), amended the schedule of quarterly fees payable to the United States Trustee in certain pending bankruptcy cases. In Siegel v. Fitzgerald, 142 S. Ct. 1770 (2022), this Court held that that provision 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. This Court left open the question of “the appropriate remedy” for the violation. Siegel, 142 S. Ct. at 1783. The question presented in this case is: Whether the appropriate remedy for the constitutional uniformity violation found by this Court in Siegel, supra, is to require the United States Trustee to grant retrospective refunds of the increased fees paid by debtors in United States Trustee districts during the period of disuniformity, or is instead either to deem sufficient the prospective remedy adopted by Congress or to require the collection of additional fees from a much smaller number of debtors in Bankruptcy Administrator districts. (I)

Docket Entries

2024-07-16
Judgment Issued.
2024-06-14
Judgment REVERSED and case REMANDED. Jackson, J., delivered the <a href = 'https://www.supremecourt.gov/opinions/23pdf/22-1238_i426.pdf'>opinion</a> of the Court, in which Roberts, C. J., and Alito, Sotomayor, Kagan, and Kavanaugh, JJ., joined. Gorsuch, J., filed a dissenting opinion, in which Thomas and Barrett, JJ., joined.
2024-01-09
Argued. For petitioner: Masha G. Hansford, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For respondents: Daniel L. Geyser, Dallas, Tex.
2023-12-28
Reply of petitioner Office of the United States Trustee filed. (Distributed)
2023-12-18
Brief amicus curiae of The Chamber of Commerce of the United States of America filed. (Distributed)
2023-12-18
2023-12-18
2023-12-18
2023-12-15
Brief amici curiae of Acadiana Management Group, et al. filed. (Distributed)
2023-12-11
Brief of respondents John Q. Hammons Fall 2006, LLC, et al. filed. (Distributed)
2023-11-30
CIRCULATED
2023-11-20
Brief amicus curiae of Institute for Professionals in Taxation in support of neither party filed.
2023-11-17
Record received from the United States Court of Appeals for the Tenth Circuit. The record is electronic and is available on PACER.
2023-11-17
SET FOR ARGUMENT on Tuesday, January 9, 2024.
2023-11-17
Record requested from the United States Court of Appeals for the Tenth Circuit.
2023-11-09
2023-11-06
Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
2023-10-17
Motion to dispense with printing the joint appendix filed by petitioner Office of the United States Trustee.
2023-09-29
Petition GRANTED.
2023-08-09
Reply of petitioner Office of the United States Trustee filed. (Distributed)
2023-08-09
DISTRIBUTED for Conference of 9/26/2023.
2023-07-24
Brief of respondents John Q. Hammons Fall 2006, LLC, et al. in opposition filed.
2023-06-23
Petition for a writ of certiorari filed. (Response due July 24, 2023)

Attorneys

Acadiana Management Group, LLC
Bradley Loy DrellGold, Weems, Bruser, Sues & Rundell, APLC, Amicus
Heather Michelle MathewsGold, Weems, Bruser, Sues & Rundell, Amicus
FORMER BANKRUPTCY JUDGES
Roy T. Englert Jr.Kramer Levin Naftalis & Frankel LLP, Amicus
Institute for Professionals in Taxation
Kyle Oliver SollieReed Smith LLP, Amicus
John Q. Hammons Fall 2006, LLC, et al.
Daniel L. GeyserHaynes and Boone, LLP, Respondent
Nicholas Jay ZlutickyStinson LLP, Respondent
MF Global Holdings LTD
Christopher John DiPompeoJones Day, Amicus
Office of the United States Trustee
Elizabeth B. Prelogar — Petitioner
The Chamber of Commerce of the United States of America
Steven Paul LehotskyLehotsky Keller Cohn LLP, Amicus
USA Sales, Inc.
A. Lavar TaylorTaylor Nelson Amitrano LLP, Amicus