USA SALES, INC. v. OFFICE OF U.S. TRUSTEE

No. 21-55643.

76 F.4th 1248 (2023)

USA SALES, INC., dba Statewide Distributors, a California Corporation, Plaintiff-Appellee, v. OFFICE OF the UNITED STATES TRUSTEE, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed August 10, 2023.


Attorney(s) appearing for the Case

Jeffrey E. Sandberg (argued) and Mark B. Stern , Appellate Staff Attorneys; Sumi Sakata and Wendy Cox , Trial Attorneys; P. Matthew Sutko , Associate General Counsel; Ramona D. Elliott , Deputy Director/General Counsel; Executive Office for United States Trustees; Martin Estrada , United States Attorney; Brian M. Boynton , Principal Deputy Assistant Attorney General; Civil Division, United States Department of Justice, Washington, D.C.; Jasmin Yang , Assistant United States Attorney, United States Attorney's Office, Los Angeles, California; for Defendant-Appellant.

A. Lavar Taylor (argued) and Lisa O. Nelson , Taylor Nelson Amitrano LLP, Santa Ana, California, for Plaintiff-Appellee.

Before: Susan P. Graber and John B. Owens, Circuit Judges, and John R. Tunheim, District Judge.


OPINION

A provision of the Bankruptcy Judgeship Act of 2017 dramatically increased the statutory fees for certain debtors in all but six judicial districts. In Siegel v. Fitzgerald, ___ U.S. ___, 142 S.Ct. 1770, 1775, 213 L.Ed.2d 39 (2022), the Supreme Court held that the provision, by not including those six...

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