In In re Clinton Nurseries, the Second Circuit directed the US Bankruptcy Court for the District of Connecticut to order a refund of overpayment fees paid by a chapter 11 debtor to the Office of the US Trustee during the period of January 1, 2018, through March 31, 2021.
The Court started week with three decisions emphasizing textual readings, two unanimous, third drawing Justice Kagan into majority with Court’s six nominal jurisprudential conservatives. Gallardo v. Marsteller, Southwest Airlines Co. v. Saxon, Siegel v. Fitzgerald
A debtor from the Fourth Circuit filed a petition for certiorari on September 20, 2021. The outcome, at a minimum, will affect chapter 11 debtors whose cases were pending between January 2018 and October 2018, when the rate increased in bankruptcy administrator districts.