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Second Circuit Orders Refund of Unconstitutional Quarterly Fee Overpayment

Many practitioners have been speculating as to how courts will address the potential remedy for the unconstitutional U.S. trustee fees imposed against Chapter 11 debtors pending in U.S. trustee districts under the 2017 amendment to 28 U.S.C. Section 1930.

7 minute read January 01, 2023 at 12:05 AM
By
Francis J. Lawall and Marcy J. McLaughlin Smith
Second Circuit Orders Refund of Unconstitutional Quarterly Fee Overpayment

Many practitioners have been speculating as to how courts will address the potential remedy for the unconstitutional U.S. trustee fees imposed against Chapter 11 debtors pending in U.S. trustee districts under the 2017 amendment to 28 U.S.C. Section 1930 (the 2017 amendment).

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