No. 22-878

Alexander V. Brown v. William Harrington, United States Trustee for Region 1

Lower Court: First Circuit
Docketed: 2023-03-14
Status: Denied
Type: Paid
Response Waived
Tags: 28-usc-1930 bankruptcy-code bankruptcy-fees chapter-11 constitutional-challenge equal-protection reopened-case reopening retroactivity statutory-interpretation united-states-trustee
Key Terms:
Securities
Latest Conference: 2023-04-28
Question Presented (from Petition)

1. Whether 28 U.S.C. §1930(a)(6)(A) applies to a case
under Chapter 11 of Title 11, United States Code, upon
reopening, where the chapter 11 case was filed onMarch 19, 2011; a plan was confirmed in 2014 and thecase closed; and the case was then reopened and closedagain more than once.

2. Whether the 2017 and 2021 amendments to 28
U.S.C. §1930(a)(6)(A) and (B) should be appliedretroactively to debtors whose chapter 11 cases werefiled, confirmed, closed, and then reopened before theamendments became effective.

3. Whether the amendments are unconstitutional
because of the disparate treatment of debtors in"United States Trustee" districts as opposed to"Bankruptcy Administrator" districts.

Question Presented (AI Summary)

Whether 28 U.S.C. §1930(a)(6)(A) applies to a case under Chapter 11 of Title 11, United States Code, upon reopening

Docket Entries

2023-05-01
Petition DENIED.
2023-04-12
DISTRIBUTED for Conference of 4/28/2023.
2023-04-05
Waiver of right of respondent Harrington, William to respond filed.
2023-03-09

Attorneys

Alexander Brown
David Glenn BakerLaw Office of David Glenn Baker, Petitioner
Harrington, William
Elizabeth B. PrelogarSolicitor General, Respondent