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Bast Amron LLP v. United States Trustee Region 21

Paid petition · United States Court of Appeals for the Eleventh Circuit, No. 20-12547 · judgment January 14, 2022


GVR'd · June 27, 2022
Pre-decision estimate: 15% cert probability (95% interval 9%–24%)

Before the decision, about 3.5× the 4.1% base rate. The model weighted this up for a circuit split argued in the petition, an Eleventh Circuit decision below, and a petition citing three to ten dissents.

Question presented

The Bankruptcy Clause authorizes Congress to “establish * * * uniform Laws on the subject of Bankruptcies throughout the United States.” Notwithstanding this directive, Congress has divided the nation’s bankruptcy courts into 88 judicial districts operating under the U.S. Trustee program, and 6 judicial districts (all in North Carolina and Alabama) operating under the Bankruptcy Administrator program. Each program generally performs similar tasks, and each program—until recently—imposed the same quarterly fees on Chapter 11 debtors in their districts. In the Bankruptcy Judgeship Act of 2017, however, Congress increased quarterly fees paid only in U.S. Trustee districts—increasing the maximum fee from $30,000 to $250,000 for all pending cases. 28 U.S.C. 1930(a)(6)(B) (2018). That same increase was not imposed in Administrator districts until nine months later, and it applied only to cases filed after that date. The result is a wide disparity in fees paid by identically situated debtors based solely on the geographic location of their bankruptcy. In the decision below, the Eleventh Circuit joined the Fourth and Fifth Circuits (both over dissents) in upholding these nonuniform fees; the Second and Tenth Circuits have rejected those decisions and declared the 2017 Act unconstitutional. The question presented is: Whether the Bankruptcy Judgeship Act violates the uniformity requirement of the Bankruptcy Clause by increasing quarterly fees solely in U.S. Trustee districts.

Counsel of record

For petitioner
Jeffrey P. Bast
Bast Amron LLP

For respondent
Elizabeth B. Prelogar
Solicitor General

Case

Subject area
Economic Activity (estimated from the questions presented, in the Supreme Court Database’s categories)

Conference history
Distributed for 1 conference

Order
Order list, June 27, 2022 · Summary disposition

Proceedings

  1. Jul 29 2022
    JUDGMENT ISSUED
  2. Jun 27 2022
    Petition GRANTED. Judgment VACATED and case REMANDED for further consideration in light of Siegel v. Fitzgerald, 596 U. S. ___ (2022).
  3. Jun 07 2022
    DISTRIBUTED for Conference of 6/23/2022.
  4. May 18 2022
    Memorandum of respondent United States Trustee Region 21 filed.
  5. Apr 14 2022
    Petition for a writ of certiorari filed. (Response due May 18, 2022)