Legal Opinion
United States Trustee v. CF & I Fabricators of Utah, Inc. (In Re CF & I Fabricators of Utah, Inc.)
Court of Appeals for the Tenth Circuit
Decided June 30, 1998No. 97-4079PublishedCited by 28 opinions
1Opinion of the Court
JOHN C. PORFILIO, Circuit Judge.
In this case, we are asked to determine the effect of Congress’ amendment of 28 U.S.C. § 1930(a)(6) which governs the imposition of quarterly fees for the United States Trustee (UST) in certain Chapter 11 bankruptcy reorganizations. Because it could find no clear congressional intent to impose the fee retroactively and determined the fee would imper-missibly require modification of a confirmed and substantially consummated plan of reorganization, the bankruptcy court held the UST could not assess the fees. The district court disagreed, and we now affirm.
In…
2Cases cited15 opinions
- Landgraf v. USI Film ProductsSupreme Court of the United States · 1994
- Ruckelshaus v. Monsanto Co.Supreme Court of the United States · 1984
- Plaut v. Spendthrift Farm, Inc.Supreme Court of the United States · 1995
- United States v. Winstar Corp.Supreme Court of the United States · 1996
- Holywell Corp. v. SmithSupreme Court of the United States · 1992
10 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- United States Trustee v. Gryphon at the Stone Mansion, Inc., D/B/A Erik Lewis Global D/B/A Wanner Van HeldenCourt of Appeals for the Third Circuit · 1999
- Santander Consumer, USA, Inc. v. Houlik (In re Houlik)Bankruptcy Appellate Panel of the Tenth Circuit · 2012
- Behles-Giddens, P.A. v. Raft (In re K.D. Co.)Bankruptcy Appellate Panel of the Tenth Circuit · 2000
- Airadigm Communications, Inc. v. Federal Communications CommissionCourt of Appeals for the Seventh Circuit · 2008
- McKinstry v. SergentDistrict Court, E.D. Kentucky · 2011
23 more not listed; retrieve them via the Exa API.