News & Analysis as of

Trustees Supreme Court of the United States Siegel v Fitzgerald 596 US

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

Fox Rothschild LLP

The Post-Siegel Fallout Continues: The Supreme Court Has Accepted Certiorari to Determine Whether a Refund of Overpayments Made by...

Fox Rothschild LLP on

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

Patterson Belknap Webb & Tyler LLP

An Update on the Ongoing Fight Over the United States Trustee’s Fees

The United States Trustee Program is responsible for the efficient administration of bankruptcy cases throughout most of the country. Since 1986, the Trustee Program has covered all states except North Carolina and Alabama,...more

Patterson Belknap Webb & Tyler LLP

New Ruling on Remedy for Disparity in Bankruptcy Fees

We have blogged a few times about the Supreme Court’s decision in Siegel v. Fitzgerald and its implications. In Siegel, the Supreme Court invalidated the disparity in debtor-paid fees prevailing in most of 2018 between the 88...more

Fox Rothschild LLP

Delaware Bankruptcy Court Latest to Determine that Refund of Excess Quarterly US Trustee Fee Payments is Appropriate

Fox Rothschild LLP on

The Fox Rothschild In Solvency blog previously covered the Supreme Court’s decision in Siegel v. Fitzgerald, 142 S. Ct. 1770 (2022), in which the 2017 amendment to 28 U.S.C. § 1930(a)(6) increasing quarterly fees payable to...more

Seward & Kissel LLP

Supreme Court Opens Door for Recovery of Excess U.S. Trustee Fees

Seward & Kissel LLP on

In a long-anticipated decision, on June 6, 2022, the Supreme Court unanimously struck down a 2017 increase in U.S. Trustee fees as unconstitutional. The Court held that the increase was a violation of the Constitution’s...more

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