Congress’ enactment of differing fees for U.S. Trustee states and Bankruptcy Administrator states violated the uniformity provision of the Bankruptcy Clause of Article I of the Constitution. (Sotomayer) Siegel v. Fitzgerald, 2022 WL 1914098 (S.Ct. June 6, 2022) Case Summary In 2008, the retail chain, Circuit City Stores, filed a Chapter 11 petition. In 2010, Circuit City’sliquidating plan was confirmed...
From the Editor – Claims
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By The Honorable William Houston Brown (Retired)
Unpaid filing fee in prior case was unsecured claim. The Chapter 13 trustee moved for authority to pay unpaid filing fee from prior case, but Court denied that to the extent the motion sought payment ahead of unsecured creditors. The unpaid filing fee was nothing more than a general unsecured claim in the current case, payable pari passu with other unsecured claims. In re Johnson, 607 B.R. 250 (Bankr. W.D. Pa. 2019).
Debtor barred by res judicata effect . . .
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