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SUPREME COURT OF THE UNITED STATES
_________________
No. 21–441
_________________
ALFRED H. SIEGEL, TRUSTEE OF THE CIRCUIT CITY
STORES, INC. LIQUIDATING TRUST, PETITIONER
v. JOHN P.
FITZGERALD, III, ACTING UNITED STATES TRUSTEE FOR REGION 4
on writ of certiorari to the united states
court of appeals for the fourth circuit
[June 6, 2022]
Justice Sotomayor delivered the opinion of the
Court.
The Bankruptcy Clause empowers Congress to
establish “uniform Laws on the subject of Bankruptcies throughout
the United States.” U. S. Const., Art. I, §8, cl. 4. The
Clause’s requirement that bankruptcy laws be “uniform” is not a
straitjacket: Congress retains flexibility to craft legislation
that responds to different regional circumstances that arise in the
bankruptcy system. Nor, however, is this uniformity requirement
toothless. The question in this case is whether Congress’ enactment
of a significant fee increase that exempted debtors in two States
violated the uniformity requirement. Here, it did.
I
A
Bankruptcy cases involve both traditional
judicial responsibilities and extensive administrative ones. Until
1978, bankruptcy judges handled both. This meant that, in addition
to their traditional judicial function of ruling on disputed
matters in adversarial proceedings, bankruptcy judges dealt with an
array of administrative tasks, such as appointing private trustees
where appropriate; organizing creditors’ committees; supervising
the filing of required reports, schedules, and taxes; and
monitoring cases for signs of abuse and fraud. See H. R. Rep.
No. 99–764, p. 17 (1986).
Concerned that these dual roles were overloading
bankruptcy judges and creating an appearance of bias, particularly
because judges were responsible for supervising trustees that they
themselves had appointed, Congress in 1978 piloted the United
States Trustee Program (Trustee Program) in 18 of the 94 federal
judicial districts. See
id., at 17–18; Bankruptcy
Reform Act of 1978, 92Stat. 2549. To “rende[r] the separation of
administrative and judicial functions complete,” the pilot program
transferred the administrative functions previously handled by the
bankruptcy courts to newly created U. S. Trustees, housed
within the Department of Justice rather than the Administrative
Office of the U. S. Courts. H. R. Rep. No. 95–595, p. 115
(1977).
In 1986, Congress sought to make the pilot
Trustee Program permanent and to expand it nationwide, but met
resistance from stakeholders in North Carolina and Alabama. See The
United States Trustee System: Hearing on S. 1961 before the
Subcommittee on Courts of the Senate Committee on the Judiciary,
99th Cong., 2d Sess., 129 (1986). As a result, Congress opted to
expand mandatorily the Trustee Program to all federal judicial
districts except for the six judicial districts in North Carolina
and Alabama. Congress permitted only those six districts to
continue judicial appointment of bankruptcy administrators,
referring to that system as the Administrator Program. §§111–115,
302(d)(3), 100Stat. 3090–3095, 3121–3123. The Administrator Program
was scheduled to phase out in 1992, but Congress extended it by 10
years. §317(a), 104Stat. 5115. At the end of those 10 years,
however, Congress did not phase out the Administrator Program.
Instead, it eliminated the sunset period and permanently exempted
the six districts from the requirement to transition to the Trustee
Program, while providing that each district could individually
elect to do so. §501, 114Stat. 2421–2422 (2000 Act); §302(d)(3),
100Stat. 3121–3123. Each of the six districts continues to
participate in the Administrator Program.
The Trustee Program and the Administrator
Program handle the same core administrative functions, but have
different funding sources. Congress requires that the Trustee
Program be funded in its entirety by user fees paid to the United
States Trustee System Fund (UST Fund), the bulk of which are paid
by debtors who file cases under Chapter 11 of the Bankruptcy Code.
28 U. S. C. §589a(b)(5). Those debtors pay a fee in each
quarter of the year that their case remains pending at a rate set
by Congress. The fee varies according to the amount of funds paid
out (“disbursed”) from the bankruptcy estate to creditors,
suppliers, and other parties during that quarter. See §1930(a).
In contrast, Congress does not require the
Administrator Program to fund itself. Instead, the Administrator
Program is funded by the Judiciary’s general budget.
In re
Circuit City Stores, Inc., 996 F.3d 156, 160 (CA4 2021).
Initially, Congress did not require Administrator Program district
debtors to pay user fees at all. After the Ninth Circuit held that
system unconstitutional, see
St. Angelo v.
Victoria
Farms, Inc.,
38 F.3d 1525, 1532–1533 (1994), amended,
46 F.3d 969 (1995), Congress provided that “ ‘the Judicial
Conference of the United States may require the debtor in a case
under chapter 11 [filed in an Administrator Program district] to
pay fees equal to those imposed’ ” in Trustee Program
districts, 2000 Act §105, 114Stat. 2412 (enacting 28
U. S. C. §1930(a)(7)). Congress directed that any such
fees be deposited into a fund that offsets appropriations to the
Judicial Branch.
Ibid. The Judicial Conference adopted a
standing order in 2001 directing Administrator Program districts to
charge fees “in the amounts specified in 28 U. S. C.
§1930, as those amounts may be amended from time to time.” Report
of the Proceedings of the Judicial Conference of the United States
46 (Sept./Oct. 2001). Under this standing order, for the next 17
years, the Judicial Conference matched all Trustee Program fee
increases with equivalent Administrator Program fee increases,
meaning that all districts nationwide charged similarly situated
debtors uniform fees.
In 2017, concerned with a shortfall in the UST
Fund, Congress enacted a temporary, but significant, increase in
the fee rates applicable to large Chapter 11 cases. See Pub. L.
115–72, Div. B, 131Stat. 1229 (2017 Act). The increase was set to
take effect only if the UST Fund balance dropped below $200 million
as of September 30 of the most recent fiscal year. If that
condition was met, the increase applied on a quarterly basis to any
debtors with a disbursement of $1 million or more during that
quarter, regardless of whether their case was newly filed or
already pending when the increase took effect. For those debtors,
the maximum fee was increased from $30,000 a quarter to $250,000 a
quarter. §1004(a),
id., at 1232. The statute provided that
the fee raise would become effective in the first quarter of 2018
and would last only through 2022.
Despite the Judicial Conference’s standing
order, and unlike with previous fee increases, the six districts in
the two States participating in the Administrator Program did not
immediately adopt the 2017 fee increase. Only in September 2018 did
the Judicial Conference order Administrator Program districts to
implement the amended fee schedule. Even then, however, two key
differences remained between the fee increase faced by debtors in
Trustee Program districts as opposed to those faced by debtors in
Administrator Program districts. First, the fee increase took
effect for the six Administrator Program districts as of October 1,
2018, while the increase took effect for the Trustee Program
districts as of the first quarter of 2018. Second, in Administrator
Program districts, the fee increase applied only to newly filed
cases, while in Trustee Program districts, the increase applied to
all pending cases.
In 2021, Congress amended the statute governing
parity of fees between Trustee Program and Administrator Program
districts, §1930(a)(7), to replace the word “may” with “shall.” See
Pub. L. 116–325, 134Stat. 5088. As a result, the statute now
provides that the Judicial Conference “shall require” imposition of
fees in Administrator Program districts that are equal to those
imposed in Trustee Program districts. §1930(a)(7). This change
“confirm[ed] the longstanding intention of Congress that quarterly
fee requirements remain consistent across all Federal judicial
districts.”
Id., at 5086.
B
In 2008, Circuit City Stores, Inc., filed for
Chapter 11 bankruptcy in the Eastern District of Virginia, a
Trustee Program district. In 2010, the Bankruptcy Court confirmed a
joint-liquidation plan, overseen by a trustee (petitioner here), to
collect, administer, distribute, and liquidate all of Circuit
City’s assets. The liquidation plan required petitioner to
“ ‘pay quarterly fees to the U. S. Trustee until the
Chapter 11 Cases are closed or converted.’ ”
In re
Circuit City Stores, 606 B.R. 260, 263 (2019). In 2010, when
the plan was confirmed, the maximum quarterly fee was $30,000.
Circuit City’s bankruptcy was still pending when
Congress raised the fees for Chapter 11 debtors in Trustee Program
districts through the 2017 Act. Across the first three quarters
after the fee increase took effect, petitioner paid $632,542 in
total fees.
Id., at 267, n. 20. Had Congress not
increased fees, petitioner would have paid $56,400 over that same
period.
Ibid.
Petitioner filed for relief against the Acting
U. S. Trustee for Region 4 (respondent here, represented by
the Solicitor General) in the Bankruptcy Court of the Eastern
District of Virginia. Petitioner objected that the fee increase
under the 2017 Act was nonuniform across Trustee Program districts
and Administrator Program districts, in violation of the
Constitution’s Bankruptcy Clause. The Bankruptcy Court agreed, and
directed that for the fees due from January 1, 2018, onward, the
trustee pay the rate in effect prior to the 2017 Act.
Id.,
at 270–271. The court reserved the question whether the trustee
could recover any “overpayments” made under the 2017 Act.
Ibid.
A divided panel of the Fourth Circuit reversed.
The court agreed that the uniformity requirement of the Bankruptcy
Clause applied to the 2017 Act, but it interpreted the Clause as
forbidding “only ‘arbitrary’ geographic differences.” 996
F. 3d, at 166. In the court’s view, the fee increase
permissibly applied only to Trustee Program districts because the
UST Fund, which funded that program alone, was dwindling.
Therefore, the court reasoned, Congress’ effort to remedy that
problem was not arbitrary. Judge Quattlebaum dissented in relevant
part, interpreting the Bankruptcy Clause to preclude disparate
treatment of bankruptcy districts unless the treatment was “aimed
at addressing issues that are geographical in nature.”
Id.,
at 175. In Judge Quattlebaum’s view, the difference between Trustee
Program districts and Administrator Program districts was
arbitrary, as there was nothing “geographically distinct about
Alabama or North Carolina that justified a different approach in
those states.”
Ibid.
This Court granted certiorari, 595 U. S.
___ (2022), to resolve a split that had developed in the lower
courts over the constitutionality of the 2017 Act.[
1]
II
A
The Bankruptcy Clause empowers Congress to
establish “uniform Laws on the subject of Bankruptcies throughout
the United States.” U. S. Const., Art. I, §8, cl. 4. The
first question before the Court is whether the 2017 Act is subject
to the Bankruptcy Clause’s uniformity requirement at all.
Respondent contends that the 2017 Act was not a
law “on the subject of Bankruptcies” to which the uniformity
requirement applies, but, rather, a law meant to help administer
substantive bankruptcy law. Respondent interprets the Bankruptcy
Clause as extending only to laws that “alter the substance of
debtor-creditor relations,” such as laws that set priorities for
claims or exempt property from an estate. Brief for Respondent 25.
In respondent’s view, the Necessary and Proper Clause, U. S.
Const., Art. I, §8, cl. 18, supplies the authority for Congress to
pass a law auxiliary to a substantive bankruptcy law.
Nothing in the language of the Bankruptcy Clause
itself, however, suggests a distinction between substantive and
administrative laws. This Court has repeatedly emphasized that the
Bankruptcy Clause’s language, embracing “laws on the subject of
Bankruptcies,” is broad. For example, the Court has recognized that
the “subject of bankruptcies is incapable of final definition,” and
includes “nothing less than ‘the subject of the relations between
[a] debtor and his creditors.’ ”
Wright v.
Union
Central Life Ins. Co.,
304 U.S.
502, 513–514 (1938). Without purporting to define the full
scope of the Clause, the Court has interpreted the Clause to have
“granted plenary power to Congress over the whole subject of
‘bankruptcies,’ ” and observed that the “language used” did
not “limit” the scope of Congress’ authority.
Hanover Nat.
Bank v.
Moyses,
186
U.S. 181, 187 (1902).
Nor has this Court ever distinguished between
substantive and administrative bankruptcy laws or suggested that
the uniformity requirement would not apply to both. Respondent
argues that each of this Court’s prior cases on the uniformity
requirement has addressed what he terms “substantive bankruptcy
laws,” Brief for Respondent 24, but these cases do not establish
that the uniformity requirement only applies to such “substantive”
laws. This Court has stated that “the powers of the general grant”
of the Necessary and Proper Clause must be added to the Bankruptcy
Clause’s “specific grant” of power to Congress to legislate on the
subject of bankruptcies.
Wright, 304 U. S., at 513. The
Court has never suggested, however, that all “administrative”
bankruptcy laws, Brief for Respondent 13, are enacted pursuant to
the Necessary and Proper Clause, nor that the Necessary and Proper
Clause permits Congress to circumvent the limitations set by the
Bankruptcy Clause. To the contrary, the Court has held that
Congress cannot evade the “affirmative limitation” of the
uniformity requirement by enacting legislation pursuant to other
grants of authority.
Railway Labor Executives’ Assn. v.
Gibbons,
455 U.S.
457, 468–469 (1982) (rejecting the contention that Congress
could “enact nonuniform bankruptcy laws pursuant to the Commerce
Clause,” because doing so “would eradicate from the Constitution a
limitation on the power of Congress to enact bankruptcy laws”).
Not surprisingly, all courts to have considered
this question to date (even those that have found the 2017 Act
constitutional) have accepted that the statute is subject to the
Bankruptcy Clause’s uniformity requirement. See
In re
Clinton Nurseries, Inc., 998 F.3d 56, 64, and n. 6 (CA2
2021) (collecting cases). The 2017 fee provision amended a statute
titled “Bankruptcy fees.” 28 U. S. C. §1930. The
provision’s effect is to set fees that must be paid by a bankruptcy
trustee from the debtor’s estate in a bankruptcy proceeding. The
only “subject” of the 2017 Act is bankruptcy. Moreover, and
importantly, the 2017 Act does affect the “substance of
debtor-creditor relations”: Increasing mandatory fees paid out of
the debtor’s estate decreases the funds available for payment to
creditors. As a result, the obligations between creditors and
debtors are changed.
Respondent also argues that historic and modern
congressional practice support the notion that bankruptcy fees are
wholly exempt from the uniformity requirement. This argument
glosses over the nature of the practices at issue. The historic
examples respondent cites concern uniform federal laws allowing for
local variation by delegating discretion to districts to establish
their own procedures for certain bankruptcy matters, including
fees, in view of local needs and conditions. See An Act to
Establish an Uniform System of Bankruptcy Throughout the United
States, §47, 2Stat. 33 (1800) (providing “[t]hat the district
judges, in each district respectively, shall fix a rate of
allowance to be made to the commissioners of bankruptcy”); An Act
to Establish a Uniform System of Bankruptcy Throughout the United
States, §6, 5Stat. 446 (1841) (establishing that district courts
may “prescribe a tariff or table of fees and charges”). Similarly,
the contemporary laws respondent cites are uniform laws allowing
for local determination of governing rules. See,
e.g., 28
U. S. C. §§158(b)(1), (6) (providing that district courts
may, but need not, participate in the bankruptcy appellate panel
for its circuit if the circuit has created one). As discussed
below, see
infra, at 10–12, the uniformity requirement does
not demand that Congress forbid or eliminate such local variation
or choice.
The fee increase at issue here is materially
different from these laws. It does not confer discretion on
bankruptcy districts to set regional policies based on regional
needs. Rather, Congress exempted debtors in only 2 States from a
fee increase that applied to debtors in 48 States, without
identifying any material difference between debtors across those
States. The only difference between the States in which the fee
increase applied and the States in which it was not required was
the desire of those two States not to participate in the Trustee
Program. The historical record therefore provides no support for
respondent’s argument that the uniformity requirement does not
apply where Congress sets different fee structures with different
funding mechanisms for debtors in different bankruptcy
districts.
B
Having determined that the 2017 Act falls
within the ambit of the Bankruptcy Clause, the Court must now
decide whether the Act was a permissible exercise of that
Clause.
1
Although the Bankruptcy Clause confers broad
authority on Congress, the Clause also imposes a limitation on that
authority: the requirement that the laws enacted be “uniform.” The
Court has addressed the uniformity requirement on three occasions.
Taken together, they stand for the proposition that the Bankruptcy
Clause offers Congress flexibility, but does not permit arbitrary
geographically disparate treatment of debtors.
The Court first addressed the uniformity
requirement in rejecting a challenge to the constitutionality of
the Bankruptcy Act of 1898, which permitted individual debtor
exemptions, including homestead and wage exemptions under state
laws.
Moyses,
186 U.S.
181. The Court in
Moyses held that the Bankruptcy
Clause’s uniformity principle does not require Congress to
eliminate existing state exemptions in bankruptcy laws.
Id.,
at 188. The Court explained that the “general operation of the law
is uniform although it may result in certain particulars
differently in different States.”
Id., at 190.
Next, in the
Regional Rail Reorganization Act
Cases,
419 U.S.
102 (1974), the Court affirmed the constitutionality of the
Regional Rail Reorganization Act of 1973, which applied only to
rail carriers operating within a defined region of the country,
where “[n]o railroad reorganization . . . was pending
outside that defined region.”
Id., at 159–160. The Court
described the “flexibility inherent” in the Bankruptcy Clause,
id., at 158, which “does not deny Congress power to take
into account differences that exist between different parts of the
country, and to fashion legislation to resolve geographically
isolated problems,”
id., at 159. Because the Regional Rail
Reorganization Act “operate[d] uniformly upon all bankrupt
railroads then operating in the United States,” it was consistent
with the Bankruptcy Act’s uniformity principle.
Id., at 160.
Put simply, Congress may enact geographically limited bankruptcy
laws consistent with the uniformity requirement if it is responding
to a geographically limited problem.
While the uniformity requirement allows Congress
to account for “differences that exist between different parts of
the country,”
id., at 159, it does not give Congress free
rein to subject similarly situated debtors in different States to
different fees because it chooses to pay the costs for some, but
not others. In
Gibbons,
455 U.S.
457, the Court struck down the Rock Island Railroad Transition
and Employee Assistance Act (RITA), in which Congress altered the
order of priority of claimants in a single railroad’s bankruptcy
proceedings. The Court recognized that the Bankruptcy Clause
“contains an affirmative limitation or restriction upon Congress’
power,” namely, the uniformity requirement.
Id., at 468.
RITA exceeded this limitation, the Court explained, because it
singled out one railroad and did not apply to other similarly
situated railroads that were engaged in bankruptcy proceedings.
Id., at 470. The Court reasoned that unlike the Regional
Rail Reorganization Act, RITA was “not a response either to the
particular problems of major railroad bankruptcies or to any
geographically isolated problem: it is a response to the problems
caused by the bankruptcy of
one railroad.”
Ibid. For
that reason, RITA “cannot be said to apply uniformly even to major
railroads in bankruptcy proceedings throughout the United States.”
Id., at 471. The Court emphasized that its “holding
. . . does not impair Congress’ ability under the
Bankruptcy Clause to define classes of debtors and to structure
relief accordingly” and summarized that “[t]o survive scrutiny
under the Bankruptcy Clause, a law must at least apply uniformly to
a defined class of debtors.”
Id., at 473.
In sum, our precedent provides that the
Bankruptcy Clause offers Congress flexibility, but does not permit
the arbitrary, disparate treatment of similarly situated debtors
based on geography.
2
Here, there is no dispute that the 2017 Act’s
fee increase was not geographically uniform. The only remaining
question is whether Congress permissibly imposed nonuniform fees
because it was responding to a funding deficit limited to the
Trustee Program districts. Under the specific circumstances present
here, the nonuniform fee increase violated the uniformity
requirement.
All agree that the fee increase applied
differently to Chapter 11 debtors in different regions. Debtors in
Alabama and North Carolina, unlike debtors in the remainder of the
country, paid no fee increases for the first three quarters of
2018. Moreover, the fee increase only applied to newly filed cases,
and not pending cases, in those two States. That geographical
disparity meant that petitioner paid over $500,000 more in fees
compared to an identical debtor in North Carolina or Alabama.
Recognizing that the 2017 Act caused such
disparities, respondent contends that those disparities were a
permissible effort to solve a particular geographical problem: the
budgetary shortfall that befell the UST Fund, which supports the
Trustee Program but not the Administrator Program. Respondent
argues that this problem justified Congress’ imposition of fee
increases specific to Trustee Program districts in order to
replenish the UST Fund’s coffers. It is true that Congress’ stated
goal in raising fees in Trustee Program districts was to address
this budgetary shortfall. That shortfall, however, existed only
because Congress itself had arbitrarily separated the districts
into two different systems with different cost funding mechanisms,
requiring Trustee Program districts to fund the Program through
user fees while enabling Administrator Program districts to draw on
taxpayer funds by way of the Judiciary’s general budget.
The problem Congress sought to address here is
thus different from the problem facing the debtors in the
Regional Rail Reorganization Act Cases. There, a “national
rail transportation crisis” prompted Congress to respond with the
Regional Rail Reorganization Act of 1973. 419 U. S., at 159.
That crisis arose when eight major railroads located in the
Northeast and the Midwest entered reorganization proceedings.
Id., at 108. Congress responded accordingly with legislation
tailored to those regions.
Id., at 108–109. The problems
prompting Congress’ disparate treatment in this case, however, stem
not from an external and geographically isolated need, but from
Congress’ own decision to create a dual bankruptcy system funded
through different mechanisms in which only districts in two States
could opt into the more favorable fee system for debtors.
The Bankruptcy Clause affords Congress
flexibility to “fashion legislation to resolve geographically
isolated problems,”
id., at 159, but as precedent instructs,
the Clause does not permit Congress to treat identical debtors
differently based on an artificial funding distinction that
Congress itself created. The Clause, after all, would clearly
prohibit Congress from arbitrarily dividing States into two
categories and charging different fees to States in different
categories unrelated to the needs of, or conditions in, those
States. The Clause does not allow Congress to accomplish in two
steps what it forbids in one.[
2]
A few observations on the limits of this
decision are in order. The Court does not today address the
constitutionality of the dual scheme of the bankruptcy system
itself, only Congress’ decision to impose different fee
arrangements in those two systems. The Court’s holding today also
should not be understood to impair Congress’ authority to structure
relief differently for different classes of debtors or to respond
to geographically isolated problems. The Court holds only that the
uniformity requirement of the Bankruptcy Clause prohibits Congress
from arbitrarily burdening only one set of debtors with a more
onerous funding mechanism than that which applies to debtors in
other States.
C
The parties dispute the appropriate remedy.
Petitioner seeks a full refund of fees that it paid during the
nonuniform period. Respondent argues that any remedy should apply
only prospectively, or should result in a fee increase for debtors
who paid less in the Administrator Program districts. The parties
raise a host of legal and administrative concerns with each of the
remedies proposed, including the practicality, feasibility, and
equities of each proposal; their costs; and potential waivers by
nonobjecting debtors. The court below, however, has not yet had an
opportunity to address these issues or their relevancy to the
proper remedy. “[M]indful that we are a court of review, not of
first view,”
Cutter v.
Wilkinson,
544 U.S.
709, 718, n. 7 (2005), this Court remands for the Fourth
Circuit to consider these questions in the first instance.
* * *
For these reasons, the judgment of the Court
of Appeals for the Fourth Circuit is reversed, and the case is
remanded for further proceedings consistent with this opinion.
It is so ordered.
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