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Constitutional Challenges Chapter 11 Supreme Court of the United States

Proskauer Rose LLP

Slamming the Backdoor on Non-Consensual Third-Party Releases

Proskauer Rose LLP on

Non-Consensual Third-Party Releases are Not Permissible in Section 363 Sales or Rule 9019 Settlements, Regardless of the Suggestions of Some Bankruptcy Courts...more

Lowenstein Sandler LLP

Recent Tenth Circuit Decision in John Q Hammons Fall Following SCOTUS’ Decision in Siegel v. Fitzgerald Could Result in...

Lowenstein Sandler LLP on

In this episode of the Lowenstein Bankruptcy Lowdown, Michael Savetsky and Erica G. Mannix discuss the recent Tenth Circuit decision in In re John Q Hammons Fall 2006 LLC determining the appropriate remedy for a debtor’s...more

Nelson Mullins Riley & Scarborough LLP

Post Siegel Ruling: Tenth Circuit Orders Refunds for Overpayment of U.S. Trustee Fees

On June 6, 2022, the Supreme Court issued a unanimously ruling in Siegel v. Fitzgerald, 142 S. Ct. 1770 (U.S. June 6, 2022) that the increase in fees payable to the U.S. Trustee system in 2018 violated the uniformity aspect...more

Morgan Lewis

SCOTUS Punts on Remedy for Unconstitutional Chapter 11 Quarterly Fee Increase

Morgan Lewis on

Earlier this year, we highlighted the US Supreme Court’s grant of certiorari in Siegel v. Fitzgerald (In re Circuit City Stores, Inc.) to determine whether a 2017 statute that increased Chapter 11 quarterly fees was...more

Lowenstein Sandler LLP

The Constitutionality of Increased Trustee Fees In Bankruptcy

Lowenstein Sandler LLP on

Today, Lowenstein's Michael Savetsky and Erica G. Mannix discuss the U.S. Supreme Court’s unanimous decision in Siegel v. Fitzgerald, which held that the statutory amendment that increased the fees a Chapter 11 debtor pay...more

Patterson Belknap Webb & Tyler LLP

Supreme Court to Consider Constitutionality of Chapter 11 Fees

Article I, Section 8 of the United States Constitution gives Congress the power to “establish . . . uniform Laws on the subject of Bankruptcies throughout the United States.” While Congress has general authority to...more

Nelson Mullins Riley & Scarborough LLP

Supreme Court to Decide Constitutionality of U.S. Trustee Fees in Chapter 11 Cases

The Supreme Court of the United States granted certiorari on Jan. 10, 2022 in a case arising out of the Circuit City bankruptcy regarding certain additional fees imposed on large Chapter 11 debtors. Most Chapter 11 debtors...more

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