In re: Clinton Nurseries, Inc.
Case Number:
20-1209
Court:
Nature of Suit:
3422 STATUTES-Bkrup Appeals 801
Companies
Sectors & Industries:
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July 18, 2023
Trustee Asks High Court To Wait On Petition For Fee Remedy
The Office of the U.S. Trustee asked the U.S. Supreme Court Monday to hold off on its petition for certiorari until other cases seeking rulings on how to address trustee fee overpayments under an overturned fee schedule can be adjudicated, saying it hopes to achieve a nationwide remedy to the issue.
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November 10, 2022
Debtor Can Recoup US Trustee Fee Hike, 2nd Circ. Says
The Second Circuit on Thursday said a plant nursery that was overcharged roughly $375,000 to fund the U.S. Trustee Program is entitled to a refund, further opening the door for potential payouts of up to $324 million to debtors who paid heightened fees to the federal bankruptcy watchdog from 2018 to 2020 due to sloppy drafting by Congress.
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September 17, 2021
2nd Circ. Nixes US Trustee's Redo Bid In Fee Hike Case
The Second Circuit Friday refused a request by the U.S. Trustee's Office for a full-bench rehearing of its May decision that a hike in the office's quarterly fees was unfairly applied and that a debtor was owed a refund on its payments on constitutional grounds.
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August 10, 2021
US Trustee Says 2nd Circ. Fee Ruling Needs En Banc Redo
The Office of the United States Trustee asked for a recent Second Circuit Court of Appeals panel ruling to be reconsidered by the entire bench, saying the decision to refund quarterly trustee fees paid by a debtor on constitutional grounds undermines the entire trustee program.
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May 24, 2021
2nd Circ. Finds Ch. 11 Trustee Fee Hike Unconstitutional
The Second Circuit determined Monday that a hike in fees owed by Chapter 11 debtors to the Office of the U.S. Trustee enacted a rule that didn't apply uniformly to all similarly situated debtors, and ordered that Clinton Nurseries be refunded a portion of the trustee fees it paid in 2018.