4th Circ. Upholds US Trustee Fee Hike In Circuit City Case

Law360 (April 30, 2021, 5:40 PM EDT) -- The Fourth Circuit Court of Appeals granted the Office of the United States trustee a pair of wins Thursday in a row with the liquidator of former retailer Circuit City when it upheld the constitutionality of a 2017 increase in quarterly fees charged by the trustee in Chapter 11 cases.

In an opinion written by Judge Robert B. King, the appellate panel agreed with the U.S. trustee that an amendment to the fee structure for Chapter 11 debtors complied with the uniformity requirements in the Constitution even though it didn't apply to bankruptcy courts in two states that don't participate in...

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