· 6/30/1998
United States Trustee v. CF & I Fabricators of Utah, Inc. (In Re CF & I Fabricators of Utah, Inc.)
Citations
- 150 F.3d 1233
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding as “merit-less” the argument that the plan must be amended to allow the UST to enforce the statutory fee obligation
- noting that fees only applied prospectively to disbursements made after the effective date and, thus, were no different from post-confirmation taxes and other expenses which might change over time
- declaring “not retroactive” a statute imposing prospective fees on debtors who had already entered bankruptcy
- construing 28 U.S.C. § 1930(a)(6)(A), the Tenth Circuit held that “Congress intended debtors pay UST fees until a case is converted, dismissed, or closed leaving no open docket in which to assess the fees.”
- “Congress intended debtors pay UST fees until a case is converted, dismissed, or closed leaving no open docket in which to assess the fees.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Porfilio, McKay, Tacha
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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