Office of the United States Trustee v. John Q. Hammons Fall 2006, LLC
Holding
Prospective parity (i.e., requiring equal fees for otherwise identical Chapter 11 debtors going forward) is the appropriate remedy for the short-lived and small disparity created by the fee statute held unconstitutional in Siegel v. Fitzgerald.
Judgment
Reversed and remanded, 6-3, in an opinion by Ketanji Brown Jackson on Jun 14, 2024. Justice Gorsuch filed a dissenting opinion, in which Justices Thomas and Barrett joined.
Jun 23, 2023Petition for a writ of certiorari filed. (Response due July 24, 2023)Jul 24, 2023Brief of respondents John Q. Hammons Fall 2006, LLC, et al. in opposition filed.
Aug 9, 2023DISTRIBUTED for Conference of 9/26/2023.
Aug 9, 2023Reply of petitioner Office of the United States Trustee filed. (Distributed)Sep 29, 2023Petition GRANTED.
Oct 17, 2023Motion to dispense with printing the joint appendix filed by petitioner Office of the United States Trustee.Nov 6, 2023Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
Nov 9, 2023Brief of petitioner filed.Nov 17, 2023Record requested from the United States Court of Appeals for the Tenth Circuit.
Nov 17, 2023SET FOR ARGUMENT on Tuesday, January 9, 2024.
Nov 17, 2023Record received from the United States Court of Appeals for the Tenth Circuit. The record is electronic and is available on PACER.
Nov 20, 2023Brief amicus curiae of Institute for Professionals in Taxation in support of neither party filed.Nov 30, 2023CIRCULATED
Dec 11, 2023Brief of respondents John Q. Hammons Fall 2006, LLC, et al. filed. (Distributed)Dec 15, 2023Brief amici curiae of Acadiana Management Group, et al. filed. (Distributed)Dec 18, 2023Brief amicus curiae of MF Global Holdings LTD filed. (Distributed)Dec 18, 2023Brief amicus curiae of USA Sales, Inc. filed. (Distributed)Dec 18, 2023Brief amici curiae of Former Bankruptcy Judges filed. (Distributed)Dec 18, 2023Brief amicus curiae of The Chamber of Commerce of the United States of America filed. (Distributed)Dec 28, 2023Reply of petitioner Office of the United States Trustee filed. (Distributed)Jan 9, 2024Argued. For petitioner: Masha G. Hansford, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For respondents: Daniel L. Geyser, Dallas, Tex.
Jun 14, 2024Judgment REVERSED and case REMANDED. Jackson, J., delivered the opinion of the Court, in which Roberts, C. J., and Alito, Sotomayor, Kagan, and Kavanaugh, JJ., joined. Gorsuch, J., filed a dissenting opinion, in which Thomas and Barrett, JJ., joined.
Jul 16, 2024Judgment Issued.Recommended Citation: Office of the United States Trustee v. John Q. Hammons Fall 2006, LLC, SCOTUSblog, https://www.scotusblog.com/cases/office-of-the-united-states-trustee-v-john-q-hammons-fall-2006-llc/