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.
SCOTUSblog Coverage
- Arguing bankruptcy fees with Nick Zluticky (Nate Mowry, October 10, 2024)
- Justices refuse to force refund of excessive bankruptcy fees (Ronald Mann, June 14, 2024)
- Government power, from federal agencies to counties, highlights January session (Ellena Erskine, January 9, 2024)
- Justices schedule major cases on deference to federal agencies (Amy Howe, November 17, 2023)
- Twelve cases added to Supreme Court calendar (Amy Howe, September 29, 2023)
- Government seeks clarity on remedy after recent bankruptcy decision (Kalvis Golde, July 21, 2023)
Date | Proceedings and Orders |
---|---|
06/23/2023 | Petition for a writ of certiorari filed. (Response due July 24, 2023) |
07/24/2023 | Brief of respondents John Q. Hammons Fall 2006, LLC, et al. in opposition filed. |
08/09/2023 | DISTRIBUTED for Conference of 9/26/2023. |
08/09/2023 | Reply of petitioner Office of the United States Trustee filed. (Distributed) |
09/29/2023 | Petition GRANTED. |
10/17/2023 | Motion to dispense with printing the joint appendix filed by petitioner Office of the United States Trustee. |
11/06/2023 | Motion to dispense with printing the joint appendix filed by petitioner GRANTED. |
11/09/2023 | Brief of petitioner filed. |
11/17/2023 | Record requested from the United States Court of Appeals for the Tenth Circuit. |
11/17/2023 | SET FOR ARGUMENT on Tuesday, January 9, 2024. |
11/17/2023 | Record received from the United States Court of Appeals for the Tenth Circuit. The record is electronic and is available on PACER. |
11/20/2023 | Brief amicus curiae of Institute for Professionals in Taxation in support of neither party filed. |
11/30/2023 | CIRCULATED |
12/11/2023 | Brief of respondents John Q. Hammons Fall 2006, LLC, et al. filed. (Distributed) |
12/15/2023 | Brief amici curiae of Acadiana Management Group, et al. filed. (Distributed) |
12/18/2023 | Brief amicus curiae of MF Global Holdings LTD filed. (Distributed) |
12/18/2023 | Brief amicus curiae of USA Sales, Inc. filed. (Distributed) |
12/18/2023 | Brief amici curiae of Former Bankruptcy Judges filed. (Distributed) |
12/18/2023 | Brief amicus curiae of The Chamber of Commerce of the United States of America filed. (Distributed) |
12/28/2023 | Reply of petitioner Office of the United States Trustee filed. (Distributed) |
01/09/2024 | Argued. For petitioner: Masha G. Hansford, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For respondents: Daniel L. Geyser, Dallas, Tex. |
06/14/2024 | Judgment 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. |
07/16/2024 | Judgment Issued. |