No. 23-278

United States Trustee Region 21 v. Bast Amron LLP

Lower Court: Eleventh Circuit
Docketed: 2023-09-22
Status: GVR
Type: Paid
Relisted (3) Experienced Counsel
Tags: bankruptcy-administration bankruptcy-fees bankruptcy-law bankruptcy-trustees constitutional-law constitutional-uniformity judicial-districts remedial-relief statutory-interpretation uniform-laws
Key Terms:
DueProcess Securities JusticiabilityDoctri
Latest Conference: 2024-06-20 (distributed 3 times)
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

2024-07-26
Judgment Issued.
2024-06-24
Petition GRANTED. Judgment VACATED and case REMANDED for further consideration in light of <i>United States Trustee</i> v. <i>John Q. Hammons Fall 2006, LLC</i>, 602 U. S. ___ (2024).
2024-06-17
DISTRIBUTED for Conference of 6/20/2024.
2023-12-01
Rescheduled.
2023-12-01
DISTRIBUTED for Conference of 12/8/2023.
2023-11-08
DISTRIBUTED for Conference of 12/1/2023.
2023-10-23
2023-09-21
Petition for a writ of certiorari filed. (Response due October 23, 2023)

Attorneys

Bast Amron LLP
Daniel L. GeyserHaynes and Boone, LLP, Respondent
Daniel L. GeyserHaynes and Boone, LLP, Respondent
United States Trustee, Region 21
Elizabeth B. PrelogarSolicitor General, Petitioner
Elizabeth B. PrelogarSolicitor General, Petitioner