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In re Buffets: A Fees-t for the United States Trustee | Weil, Gotshal & Manges LLP


The holidays came early for the United States Trustee (the “
U.S. Trustee”) on November, 3, 2020, when a three-judge panel of the United States Circuit Court for the Fifth Circuit, on direct appeal, reversed the bankruptcy court and upheld the constitutionality of a 2017 increase to quarterly fees payable to the U.S. Trustee in
Hobbs v. Buffets LLC (In re Buffets LLC), No. 19-50765, 2020 U.S. App. LEXIS 34866 (5th Cir. Nov. 3, 2020).  Although the Fifth Circuit’s opinion addresses a variety of constitutional challenges to the recent increase to U.S. Trustee fees, the “the main event” was “whether [the] fee increase violates constitutional uniformity requirements.”   ....

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