No. 23-47

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

Lower Court: Second Circuit
Docketed: 2023-07-17
Status: GVR
Type: Paid
Relisted (2) Experienced Counsel
Tags: bankruptcy-administrators bankruptcy-fees bankruptcy-trustees bankruptcy-uniformity constitutional-uniformity judicial-districts prospective-remedy remedial-relief retrospective-refunds united-states-trustee
Key Terms:
DueProcess Takings JusticiabilityDoctri
Latest Conference: 2024-06-20 (distributed 2 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.
2023-10-04
DISTRIBUTED for Conference of 10/27/2023.
2023-10-04
Reply of petitioner William K. Harrington, United States Trustee, Region 2 filed. (Distributed)
2023-09-15
Brief of respondents Clinton Nurseries, Inc., et al. in opposition filed.
2023-08-08
Motion to extend the time to file a response is granted and the time is extended to and including September 15, 2023.
2023-08-04
Motion to extend the time to file a response from August 16, 2023 to September 15, 2023, submitted to The Clerk.
2023-07-14
Petition for a writ of certiorari filed. (Response due August 16, 2023)
2023-06-07
Application (22A960) granted by Justice Sotomayor extending the time to file until July 17, 2023.
2023-06-01
Application (22A960) to extend further the time from June 16, 2023 to July 17, 2023, submitted to Justice Sotomayor.
2023-05-03
Application (22A960) to extend the time to file a petition for a writ of certiorari from May 18, 2023 to June 16, 2023, submitted to Justice Sotomayor.
2023-05-03
Application (22A960) granted by Justice Sotomayor extending the time to file until June 16, 2023.

Attorneys

Clinton Nurseries, Inc. et al.
George Eric Brunstad Jr.Dechert LLP, Respondent
George Eric Brunstad Jr.Dechert LLP, Respondent
Eric A. HenzyZeisler & Zeisler, PC, Respondent
Eric A. HenzyZeisler & Zeisler, PC, Respondent
William K. Harrington, United States Trustee, Region 2
Elizabeth B. PrelogarSolicitor General, Petitioner
Elizabeth B. PrelogarSolicitor General, Petitioner