January 20, 2022
Eleventh Circuit Takes Sides on Circuit Split by Upholding the 2018 Increase in U.S. Trustee Fees
On an issue the Supreme Court will decide this spring, the Eleventh Circuit broke the tie among the circuits by finding no unconstitutional lack of uniformity when the 2018 increase in U.S. Trustee fees was not immediately applicable in two states with Bankruptcy Administrators.
11th CircuitJanuary 12, 2022
Supreme Court to Resolve Circuit Split on the 2018 Increase in U.S. Trustee Fees
The Supreme Court granted certiorari to decide whether the 2018 increase in U.S. Trustee fees violated the Bankruptcy Clause because it was not immediately applicable in two states with Bankruptcy Administrators.
Supreme CourtDecember 09, 2021
Government Urges Supreme Court to Review Constitutionality of the 2018 Increase in U.S. Trustee Fees
The U.S. Solicitor General wants the Supreme Court to resolve a circuit split and decide whether the increase in U.S. Trustee fees violated the Bankruptcy Clause because it was not immediately applicable in two states with bankruptcy administrators.
Supreme CourtOctober 18, 2021
Lender Was Lucky to Recover Anything on an Unauthorized $5.2 Million Loan
The bankruptcy court was accorded wide discretion in deciding how to treat a $5.2 million loan that was neither disclosed to nor approved by the bankruptcy court.
11th Circuit, Georgia, Georgia Northern DistrictOctober 15, 2021
Supreme Court Update: Equitable Mootness Not Ready for Prime Time
An arbitration case to be argued in November may inform bankruptcy courts whether they must enforce arbitration agreements.
Supreme CourtOctober 08, 2021
Supreme Court Likely to Tackle 2018 U.S. Trustee Fee Increase
The circuits are now split 2/2 on whether the 2018 increase in U.S. Trustee fees violated the Bankruptcy Clause because the increase didn’t apply immediately in bankruptcy administrator districts.
10th CircuitJuly 21, 2021
Circuit Split on U.S. Trustee Fees Likely Won’t Reach the Supreme Court Until Fall 2022
Judge Hoffman sets up Sixth Circuit to opine on the circuit split regarding the constitutionality of the 2018 increase in fees for the U.S. Trustee system.
6th Circuit, Ohio, Ohio Southern DistrictJuly 14, 2021
Being an ‘Officer’ Disqualifies Someone from a KERP, New York District Judge Says
Officers are presumptively disqualified from KERPs, “absent a strong showing that they do not perform any significant role in management,” a district judge in New York says.
2nd Circuit, New York, New York Southern DistrictJuly 01, 2021
Judge Sontchi Cuts Off U.S. Trustee Fees on Confirmation of a Chapter 11 Plan
Closing a chapter 11 case after confirmation to avoid U.S. Trustee fees won’t be necessary if the ruling by Judge Sontchi holds up.
3rd Circuit, DelawareJune 09, 2021
Increasing Debtor’s Profit or Revenue Isn’t Required to Establish an ‘Admin’ Claim
An administrative creditor isn’t a ‘guarantor’ of the success of the project, Delaware’s Bankruptcy Judge Goldblatt says.
3rd Circuit, Delaware