News & Analysis as of

Chapter 11 Trustees Fees

Fox Rothschild LLP

The Circuit City Landmine Redux, the Final Word (Office of the United States Trustee v. John Q. Hammons Fall 2006, LLC): Supreme...

Fox Rothschild LLP on

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

Nelson Mullins Riley & Scarborough LLP

Ninth Circuit Joins Other Circuits in Refunding U.S. Trustee Fees

In earlier posts, the Red Zone has discussed the Supreme Court’s ruling in Siegel v. Fitzgerald, 142 S. Ct. 1770 (2022), which held that increased U.S. Trustee quarterly fees for large Chapter 11 debtors between 2018 and 2020...more

Nelson Mullins Riley & Scarborough LLP

Eleventh Circuit Confirms Refunds as the Remedy for Overpayment of U.S. Trustee Fees

We have previously discussed the growing list of judicial decisions addressing the appropriate remedy for overpayment of U.S. Trustee (“UST”) quarterly fees.  In U.S. Tr. Region 21 v. Bast Amron LLP (In re Mosaic Mgmt. Grp.,...more

Nelson Mullins Riley & Scarborough LLP

Another Post-Siegel Ruling: Bankruptcy Court for the Eastern District of Virginia Joins Second and Tenth Circuits in Ordering...

Back in June of 2022 we discussed the Tenth Circuit’s post-Sigel decision in John Q. Hammons Fall 2006 LLC v. U.S. Trustee (In re John Q. Hammons Fall 2006 LLC), 15 F.4th 1011 (10th Cir. Oct. 5, 2021), which held that the...more

Nelson Mullins Riley & Scarborough LLP

Post Siegel Ruling: Second Circuit Joins the Tenth Circuit in Ordering Refunds for Overpayment of U.S. Trustee Fees

In a previous blog post from June 2022, we discussed the Tenth Circuit’s post-Sigel decision in John Q. Hammons Fall 2006 LLC v. U.S. Trustee (In re John Q. Hammons Fall 2006 LLC), 15 F.4th 1011 (10th Cir. Oct. 5, 2021),...more

Patterson Belknap Webb & Tyler LLP

SCOTUS Grants Certiorari, Remands U.S. Trustee Fee Dispute to Second Circuit

The ramifications of uneven increases to fees in chapter 11 bankruptcies continue to ripple through federal courts. As we discussed previously, Congress enacted legislation in 2017 that temporarily increased U.S....more

Jones Day

U.S. Supreme Court Bankruptcy Roundup - July 2022

Jones Day on

Supreme Court Unanimously Strikes Down 2017 U.S. Trustee Fee Hike as Unconstitutional - On June 6, 2022, the U.S. Supreme Court issued a much-awaited decision, Siegel v. Fitzgerald, No. 21-441, __. U.S. __, 2022 WL...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Siegel v. Fitzgerald

On June 6, 2022, the U.S. Supreme Court decided Siegel v. Fitzgerald, No. 21-441, holding that Congress’s enactment of a significant fee increase that exempted bankruptcy debtors in two states violated the uniformity...more

Nelson Mullins Riley & Scarborough LLP

U.S. Supreme Court Seems Poised to Address Constitutionality of 2018 U.S. Trustee Fee Increase

Back in July, Craig Eller wrote in The Bankruptcy Protector about the continuing confusion amongst courts and litigants regarding the applicability of a 2018 increase in fees payable to the Office of the United States Trustee...more

Nelson Mullins Riley & Scarborough LLP

Confusion Involving Constitutionality of U.S. Trustee Fee Increase

In 2017, Congress enacted an amendment imposing a sharp increase in quarterly fees owed to the United States Trustee program by many chapter 11 debtors. Expectedly, the constitutionality of that decision has been challenged...more

Patterson Belknap Webb & Tyler LLP

Bankruptcy Court Closes Chapter 11 Cases Even with an Appeal Pending and Over the Objection of the U.S. Trustee.

Debtors in chapter 11 cases are required to make quarterly payments to the United States Trustee’s Office. These fees support the UST Program that serves in all districts but those in two states. Quarterly fees must be paid...more

BCLP

U.S. Trustee Fees – one spreadsheet to rule them all…

BCLP on

Recently I had to project quarterly U.S. Trustee fees in several jointly administered chapter 11 bankruptcy cases under the U.S. Trustee’s current fee guidelines (posted to effectuate 28 U.S.C. § 1930(a)(6)). Fees are...more

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