Skip to main content

§ 1930

Siegel v. Fitzgerald

Ruling
U.S. Trustee fee increase that exempted debtors in two states violated the uniformityrequirement of the Bankruptcy Clause. (Supreme Court)
Issue(s)
Bankruptcy Fees; Filing Fees; Districts Not Part of United States Trustee

ABI Membership is required to access the full summary of Siegel v. Fitzgerald Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

:
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on June 06, 2022 , LexisNexis #0722-098

Krihak, In re

Ruling
Reopening fee cannot be waived when a case has been closed without a discharge.(Bankr. N.D. Ill.)
Issue(s)
Bankruptcy Fees.

ABI Membership is required to access the full summary of Krihak, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on March 14, 2022 , LexisNexis #0522-047

John Q. Hammons Fall 2006, LLC, In re

Ruling
The 2017 amendment to 28 U.S.C. § 1930(a)(6) was unconstitutionally nonuniform as it allowedhigher quarterly disbursement fees on Chapter 11 debtors in Trustee districts than inBankruptcy Administrator districts. (10th Cir.)
Issue(s)
Bankruptcy Fees; Filing Fees; Chapter 11 Quarterly Fee.

ABI Membership is required to access the full summary of John Q. Hammons Fall 2006, LLC, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

:
Judge or Jurisdiction information not available
Commercial opinion summary, case decided on October 05, 2021 , LexisNexis #1221-024

Johnson, In re

Ruling
Trustee's motion to reconsider was denied where debtors satisfy both requirements forobtaining a waiver of the Chapter 7 filing fee. (Bankr. D. Kan.)
Issue(s)
Bankruptcy Fees; Waiver; Chapter 7 Debtor With Insufficient Income.

ABI Membership is required to access the full summary of Johnson, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on September 03, 2021 , LexisNexis #1021-099

Gutierrez, In re--Gutierrez v. Or. Dep't of Corr.

Ruling
Debtor's motion for waiver of the appellate filing fee was granted in absence of bad faith.(Bankr. D. Idaho)
Issue(s)
Bankruptcy Fees.

ABI Membership is required to access the full summary of Gutierrez, In re--Gutierrez v. Or. Dep't of Corr. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on July 09, 2021 , LexisNexis #0821-073

Paragon Offshore PLC, In re

Ruling
United States Trustee's motion to compel filing of post-confirmation quarterly reports andpayment of statutory fees was denied where payments to the trust beneficiaries did notconstitute disbursements. (Bankr. D. Del.)
Issue(s)
Bankruptcy Fees; Filing Fees; Chapter 11 Quarterly Fee.

ABI Membership is required to access the full summary of Paragon Offshore PLC, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Commercial opinion summary, case decided on June 28, 2021 , LexisNexis #0821-049

Elias, In re

Ruling
Court exercised its discretion to deny debtor's motion for waiver because her appeal from anorder overruling her objection to a sale motion lacked merit. (Bankr. D. Idaho)
Issue(s)
Bankruptcy Fees; Waiver.

ABI Membership is required to access the full summary of Elias, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on June 10, 2021 , LexisNexis #0721-098

Circuit City Stores, Inc., In re--Siegel v. Fitzgerald

Ruling
Bankruptcy court erred in holding that the amended quarterly fee statute isunconstitutionally non-uniform. (4th Cir.)
Issue(s)
Bankruptcy Fees; Filing Fees; Chapter 11 Quarterly Fee; Amount

ABI Membership is required to access the full summary of Circuit City Stores, Inc., In re--Siegel v. Fitzgerald Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

:
Judge or Jurisdiction information not available
Commercial opinion summary, case decided on April 29, 2021 , LexisNexis #0621-050

Robert J. Ambruster, Inc., In re

Ruling
Application for leave to proceed in forma pauperis denied as movant failed to show by thepreponderance of the evidence that grounds exist to waive filing fees and/or costs. (Bankr. E.D.Mo.)
Issue(s)
Bankruptcy Fees.

ABI Membership is required to access the full summary of Robert J. Ambruster, Inc., In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Commercial opinion summary, case decided on February 26, 2021 , LexisNexis #0421-050

Buffets, L.L.C., In re

Ruling
Debtor's 2018 disbursements were subject to increased quarterly fees under the BankruptcyJudgeship Act of 2017. (5th Cir.)
Issue(s)
Bankruptcy Fees; Filing Fees; Chapter 11 Quarterly Fee.

ABI Membership is required to access the full summary of Buffets, L.L.C., In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

:
Judge or Jurisdiction information not available
Commercial opinion summary, case decided on November 03, 2020 , LexisNexis #1220-075