Supreme Court of the United States · Official docket →
Alexander V. Brown v. William Harrington, United States Trustee for Region 1
Paid petition · United States Court of Appeals for the First Circuit, No. 22-1314 · judgment December 16, 2022
Before the decision, modestly above the 4.1% base rate. The model weighted this up for a First Circuit decision below, counsel with five or more prior petitions here, and a petition filed soon after the judgment below.
Questions presented
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Whether 28 U.S.C. §1930(a)(6)(A) applies to a case under Chapter 11 of Title 11, United States Code, upon reopening, where the chapter 11 case was filed on March 19, 2011; a plan was confirmed in 2014 and the case closed; and the case was then reopened and closed again more than once.
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Whether the 2017 and 2021 amendments to 28 U.S.C. §1930(a)(6)(A) and (B) should be applied retroactively to debtors whose chapter 11 cases were filed, confirmed, closed, and then reopened before the amendments became effective.
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Whether the amendments are unconstitutional because of the disparate treatment of debtors in “United States Trustee” districts as opposed to “Bankruptcy Administrator” districts.
Counsel of record
For petitioner
David Glenn Baker
Law Office of David Glenn Baker
For respondent
Elizabeth B. Prelogar
Solicitor General
Case
Conference history
Distributed for 1 conference
Proceedings
- May 01 2023Petition DENIED.
- Apr 12 2023DISTRIBUTED for Conference of 4/28/2023.
- Apr 05 2023Waiver of right of respondent Harrington, William to respond filed.
- Mar 09 2023Petition for a writ of certiorari filed. (Response due April 13, 2023)