Supreme Court of the United States · Official docket →
Office of the United States Trustee v. John Q. Hammons Fall 2006, LLC, et al.
Paid petition · United States Court of Appeals for the Tenth Circuit, No. 20-3203 · judgment October 5, 2021
Before the decision, about 3.6× the 4.1% base rate. The model weighted this up for a federal-government petitioner, counsel who has won certiorari before, and a Tenth Circuit decision below, and down for a business respondent.
Questions presented
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Whether 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)), which amended the schedule of quarterly fees payable to the United States Trustee in certain pending bankruptcy cases, 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.
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Whether, if Section 1004(a) is found unconstitutional, the appropriate remedy is to require the United States Trustee to refund a portion of the quarterly fees paid by respondents in a United States Trustee district.
Counsel of record
For petitioner
Elizabeth B. Prelogar
Solicitor General
For respondent
Nicholas Jay Zluticky
Stinson LLP
Proceedings
- Jul 15 2022JUDGMENT ISSUED
- Jun 13 2022Petition GRANTED. Judgment VACATED and case REMANDED for further consideration in light of Siegel v. Fitzgerald, 596 U. S. ___ (2022).
- Jun 06 2022DISTRIBUTED for Conference of 6/9/2022.
- Mar 23 2022DISTRIBUTED for Conference of 4/14/2022.
- Mar 22 2022Reply of petitioner Office of the United States Trustee filed.
- Mar 07 2022Brief of respondents John Q. Hammons Fall 2006, LLC, et al. in opposition filed.
- Feb 02 2022Petition for a writ of certiorari filed. (Response due March 7, 2022)
- Jan 03 2022Application (21A270) granted by Justice Gorsuch extending the time to file until February 2, 2022.
- Dec 22 2021Application (21A270) to extend the time to file a petition for a writ of certiorari from January 3, 2022 to February 2, 2022, submitted to Justice Gorsuch.