How 10th Circ. Trustee Fee Ruling Will Affect Ch. 11 Appeals
The U.S. Court of Appeals for the Tenth Circuit on Aug. 15 became the first appeals court to rule following the June 6 U.S. Supreme Court decision in Siegel v. Fitzgerald in In re: John Q. Hammons Fall 2006 LLC and held that the government must pay a refund to a Chapter 11 debtor based on what the debtor would have paid over the same time were the case in a bankruptcy administrator district.
Nashville partner Shane Ramsey, a vice chair of the Nelson Mullins bankruptcy and financial restructuring practice group, discusses this decision in a Law360 article. Ramsey addresses the impact of the Tenth Circuit’s decision on other pending appeals considering the same issue.