Forum
U.S. Supreme Court
Case Status
Docket Number
Term
2023 Term
Oral Argument Date
January 09, 2024
Lower Court Opinion
Questions Presented
Whether the appropriate remedy for the constitutional uniformity violation found by this Court in Siegel v. Fitzgerald, 142 S. Ct. 1770 (2022), 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.
Case Updates
Supreme Court holds that refunds are not required for past unconstitutional bankruptcy fees violating the Bankruptcy Clause’s uniformity requirement
June 14, 2024
U.S. Chamber files amicus brief urging Supreme Court to order refunds for businesses charged unconstitutional nonuniform bankruptcy fees recently struck down in Siegel v. Fitzgerald
December 19, 2023
Steven P. Lehotsky, Andrew B. Davis, and Michael C. Cotton of Lehotsky Keller and the U.S. Chamber Litigation Center served as co-counsel for the Chamber.
Case Documents
- Tenth Circuit Opinion -- In re: John Hammons Fall 2006, LLC (Tenth Circuit)
- Cert. Petition -- U.S. Trustee v. John Hammons Fall 2006, LLC (U.S. Supreme Court)
- U.S. Chamber Amicus Brief -- U.S. Trustee v. John Hammons Fall 2006, LLC (U.S. Supreme Court)
- Opinion -- U.S. Trustee v. John Hammons Fall 2006, LLC (U.S. Supreme Court)