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Office of the United States Trustee v. John Q. Hammons Fall 2006, LLC

Docket No. Op. Below Argument Opinion Vote Author Term
22-1238 10th Cir. Jan 9, 2024 Jun 14, 2024 6-3 Jackson OT 2023

Holding: Prospective parity " i.e., requiring equal fees for otherwise identical Chapter 11 debtors going forward " is the appropriate remedy for the short-lived and small disparity created by the fee statute held unconstitutional in Siegel v. Fitzgerald.

Judgment: Reversed and remanded, 6-3, in an opinion by Justice Jackson on June 14, 2024. Justice Gorsuch filed a dissenting opinion, in which Justices Thomas and Barrett joined.

DateProceedings and Orders (key to color coding)
06/23/2023Petition for a writ of certiorari filed. (Response due July 24, 2023)
07/24/2023Brief of respondents John Q. Hammons Fall 2006, LLC, et al. in opposition filed.
08/09/2023DISTRIBUTED for Conference of 9/26/2023.
08/09/2023Reply of petitioner Office of the United States Trustee filed. (Distributed)
09/29/2023Petition GRANTED.
10/17/2023Motion to dispense with printing the joint appendix filed by petitioner Office of the United States Trustee.
11/06/2023Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
11/09/2023Brief of petitioner filed.
11/17/2023Record requested from the United States Court of Appeals for the Tenth Circuit.
11/17/2023SET FOR ARGUMENT on Tuesday, January 9, 2024.
11/17/2023Record received from the United States Court of Appeals for the Tenth Circuit. The record is electronic and is available on PACER.
11/20/2023Brief amicus curiae of Institute for Professionals in Taxation in support of neither party filed.
11/30/2023CIRCULATED
12/11/2023Brief of respondents John Q. Hammons Fall 2006, LLC, et al. filed. (Distributed)
12/15/2023Brief amici curiae of Acadiana Management Group, et al. filed. (Distributed)
12/18/2023Brief amicus curiae of MF Global Holdings LTD filed. (Distributed)
12/18/2023Brief amicus curiae of USA Sales, Inc. filed. (Distributed)
12/18/2023Brief amici curiae of Former Bankruptcy Judges filed. (Distributed)
12/18/2023Brief amicus curiae of The Chamber of Commerce of the United States of America filed. (Distributed)
12/28/2023Reply of petitioner Office of the United States Trustee filed. (Distributed)
01/09/2024Argued. For petitioner: Masha G. Hansford, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For respondents: Daniel L. Geyser, Dallas, Tex.
06/14/2024Judgment REVERSED and case REMANDED. Jackson, J., delivered the opinion of the Court, in which Roberts, C. J., and Alito, Sotomayor, Kagan, and Kavanaugh, JJ., joined. Gorsuch, J., filed a dissenting opinion, in which Thomas and Barrett, JJ., joined.
07/16/2024Judgment Issued.