Supreme Court Finds 2017 Bankruptcy Fee Increases Unconstitutional But Leaves Remedy Unclear

The Supreme Court concluded that because the 2017 amendments exempted debtors located in two States, it was not "uniform" as it did not apply equally to all debtors regardless of where they were situated and, therefore, the statute was unconstitutional.

11 minute read August 01, 2022 at 12:09 AM

Theresa A. Driscoll

In June, the U.S. Supreme Court, by unanimous decision, resolved a split amongst five circuits and determined that a 2017 Congressional amendment to the bankruptcy fee provisions was unconstitutional as violating the Bankruptcy Clause of the US.

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Supreme Court Finds 2017 Bankruptcy Fee Increases Unconstitutional But Leaves Remedy Unclear

This premium content is locked for The Bankruptcy Strategist subscribers only

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Entrepreneurship Is Already Hard: Rising Above Extraordinary Personal Crises to Build an Award-Winning Professional Reputation

Applying the Zero Trust Model to Manage Risks of Agentic AI

California’s AI Transparency Stack: From State Obligation to Adoption Strategy