As previously discussed and anticipated in prior blog posts, the United States Supreme Court’s decision in Siegel v. Fitzgerald, 596 U.S. 464, 142 S.Ct. 1770, 213 L.Ed.2d 39 (2022), which struck down as unconstitutional the...more
6/27/2024
/ Bankruptcy Court ,
Bankruptcy Trustees ,
Chapter 11 ,
Creditors ,
Debtors ,
Disparate Treatment ,
Fees ,
Overpayment ,
SCOTUS ,
Siegel v Fitzgerald 596 US ,
Siegel v. Fitzgerald ,
Trustees
On Friday September 28, 2023, the U.S. Supreme Court agreed to review the United States Trustee’s appeal from the Tenth Circuit Court of Appeal’s holding that the Office of the United States Trustee should refund overpayments...more
As discussed in our prior blog post entitled, “The Circuit City Landmine (Siegel v. Fitzgerald): Supremes Declare Bankruptcy Fee Hike Under United States Trustee Program Unconstitutional –What Happens Next?”...more
While it is becoming increasingly rare for the Supreme Court to speak with a singular voice on virtually anything these days, bankruptcy provides a rare exception.
On June 6, 2022, the Supreme Court unanimously held in...more