Harrington v. Clinton Nurseries, Inc.

(1) Whether Section 1004(a) of the Bankruptcy Judgeship Act of 2017, which amended the schedule of quarterly fees payable to the United States Trustee in certain pending bankruptcy cases, contravened Congress"s constitutional authority to "establish ... uniform Laws on the subject of Bankruptcies" because it was initially applied only in the 88 federal judicial districts that have United States Trustees but not in the 6 districts that have Bankruptcy Administrators; and (2) whether, if Section 1004(a) is found unconstitutional, the appropriate remedy is to require the United States Trustee to refund a portion of the quarterly fees paid by respondents in a United States Trustee district.