Skip to content
National Association of Attorneys General
  • For Members
    • How Do I…?
    • Member Benefits
    • Scholarships & Nominations
    • Specialized Services
    • Committees
    • Office Support
    • Member Directory
    • Account & Access
  • Events & Training
    • Event Calendar
    • Upcoming Programs
    • Training Opportunities
    • On-Demand Resources
    • CLE Credit
    • Mobile Training Requests
    • Our Faculty
  • Resources
    • Policy Letters
    • Reports & Publications
    • Research & Data
    • Attorney General Journal
    • Newsroom
    • Databases & Tools
    • Public Resources
  • Attorney Generals
    • What Attorneys General Do
    • Attorneys General Office 101
    • Find my AG
    • How AGs Are Selected
    • Issues Attorney Generals Work On
    • Consumer Complaint Guidance
    • Attorney General Elections
    • Past Attorneys General
    • Careers in Attorney General Offices
  • NAMFCU
    • History of NAMFCU
    • About NAMFCU
    • NAMFCU
    • About the Medicaid Fraud Control Units
    • NAMFCU Trainings
    • MFCU Member Hub
    • Reporting Fraud and Abuse
    • Careers with a MFCU
  • About
    • About Us
    • NAAG History
    • Leadership
    • Staff
    • Regions
    • Careers at NAAG
    • FAQs
    • SAGE
    • Contact Us
  • Log In
PUBLIC RESOURCES           NEWSROOM           CONTACT US
Log In
National Association of Attorneys General
  • For Members
    • How Do I…?
    • Member Benefits
    • Scholarships & Nominations
    • Specialized Services
    • Committees
    • Office Support
    • Member Directory
    • Account & Access
  • Events & Training
    • Event Calendar
    • Upcoming Programs
    • Training Opportunities
    • On-Demand Resources
    • CLE Credit
    • Mobile Training Requests
    • Our Faculty
  • Resources
    • Policy Letters
    • Reports & Publications
    • Research & Data
    • Attorney General Journal
    • Newsroom
    • Databases & Tools
    • Public Resources
  • Attorney Generals
    • What Attorneys General Do
    • Attorneys General Office 101
    • Find my AG
    • How AGs Are Selected
    • Issues Attorney Generals Work On
    • Consumer Complaint Guidance
    • Attorney General Elections
    • Past Attorneys General
    • Careers in Attorney General Offices
  • NAMFCU
    • History of NAMFCU
    • About NAMFCU
    • NAMFCU
    • About the Medicaid Fraud Control Units
    • NAMFCU Trainings
    • MFCU Member Hub
    • Reporting Fraud and Abuse
    • Careers with a MFCU
  • About
    • About Us
    • NAAG History
    • Leadership
    • Staff
    • Regions
    • Careers at NAAG
    • FAQs
    • SAGE
    • Contact Us
  • Log In

Supreme Court Report: Siegel v. Fitzgerald, 21-441

Home / Supreme Court / Supreme Court Report: Siegel v. Fitzgerald, 21-441
January 20, 2022 Supreme Court
Share this

January 20, 2022
Volume 29, Issue 6

This Report summarizes opinions issued on January 13, 2022 (Part I); and cases granted review on January 10, 2022 (Part II).

Cases Granted Review: Siegel v. Fitzgerald, 21-441

Siegel v. Fitzgerald, 21-441. This case involves the constitutionality of provisions of the Bankruptcy Judgeship Act of 2017, which established a fee structure in the 88 federal districts using a United State Trustee that is different from the fee structure in the six federal districts participating in the Bankruptcy Administrator program.  At issue is whether this different fee structure violates the uniformity provision of the Bankruptcy Clause (Art. I, §8, cl. 4), which empowers the Congress to “establish . . . uniform Laws on the subject of Bankruptcies throughout the United States.”

In 1978, Congress established a U.S. Trustee Pilot Program to address systematic problems in bankruptcy administration. Most notably, before 1978 bankruptcy courts handled both the judicial and administrative functions in every bankruptcy.  As the General Accounting Office concluded, this dual role often placed those courts “in an untenable position of conflict and seriously compromised their impartiality as arbiters of disputes.”  In 1986, having deemed the pilot program a success, Congress formerly established the U.S. Trustee program nationwide.  There were, however, two exceptions.  As a result of lobbying by politicians and judges in North Carolina and Alabama, those two states were excluded from the trustee program, and instead participated in what is known as the Bankruptcy Administrator program.  One of the main differences between the two programs was (and continues to be) that, while the Trustee program was housed within the executive branch at the Department of Justice, the Administrator program was housed within the judicial branch under the Judicial Conference.  And the effect of that difference, pertinent to this matter, was funding.  With the intent that the U.S. Trustee program be self-funded, Congress imposed quarterly fees on Chapter 11 debtors in Trustee districts. Congress, however, initially chose not to impose those same fees in Administrator districts; the funding for that program came instead from judiciary’s general budget.

In 1994, the Ninth Circuit held that this disparity in fees, which made bankruptcies more costly outside of North Carolina and Alabama, violated the Bankruptcy Clause’s uniformity provision. Congress responded to the decision by granting the Judicial Conference discretion to impose fees in Administrator districts; a year later the Judicial Conference invoked that authority and imposed fees in Administrator districts equal to those imposed in Trustee districts. This arrangement persisted until 2017, when the Trustee program sought to address budget shortfalls that had resulted from fewer bankruptcy filings. Through the Bankruptcy Judgeship Act of 2017, Congress imposed a five-year increase in quarterly fees for Chapter 11 debtors in Trustee districts for any year where the Trustee fund dipped below a threshold amount.  Congress did not, however, impose a similar increase in Administrator districts. Although the Judicial Conference exercised its discretionary authority to impose similar fees, the Judicial Conference’s increase in fees differed from that imposed in Trustee districts in two key respects: (1) it applied beginning on October 1, 2018, nine months after the increase in Trustee districts had begun, and (2) the fees applied only prospectively (unlike in Trustee districts, where the fees applied to then-pending bankruptcies), so that any bankruptcy filed in Alabama or North Carolina before October 2018 would never be subject to the increased fees. Although Congress amended the fee statute in 2021 to mandate that the Judicial Conference impose fees equal to those imposed in Trustee districts, Congress did not address the disparities described above.

Petitioner here is the trustee overseeing the liquidation of the assets of former electronics retailer Circuit City, which filed for Chapter 11 bankruptcy in 2008 in the Eastern District of Virginia (a Trustee district).  In a 2-1 decision, the Fourth Circuit widened a circuit split by rejecting petitioner’s claim that the 2017 Act and its imposition of different fees in Trustee and Administrator districts created nonuniform (and thus unconstitutional) bankruptcy laws.  996 F.3d 156. Relying on the principle that the Bankruptcy Clause forbids only “arbitrary” geographic differences, the Fourth Circuit held that the 2017 Act was an appropriate exercise of authority because Congress “drew a program-specific distinction that only indirectly has a geographic impact” and “provided a solid fiscal justification” for differentiating between the two programs.

In arguing for reversal, petitioner incorporates the dissenting opinion in the Fourth Circuit (as well as a unanimous decision from the Second Circuit) concluding that the imposition of quarterly fees in the two bankruptcy systems is not uniform and therefore unconstitutional.  In addition to concluding that the 2017 Act is a substantive bankruptcy law (rather than a local procedural rule to which the Bankruptcy Clause would not apply), Judge Quattlebaum in dissent rejected the notion that the 2017 Act was a proper fiscal response that was not geographically based because it applied to all Trustee districts regardless of location. Judge Quattlebaum instead observed that the only reason the Trustee districts faced a budgetary problem was because Congress treated those districts differently from the outset by establishing different programs that were based on geography.

[Editor’s note: Some of the language in the background section of the summary above was taken from the petition for writ of certiorari and brief in opposition.]

Related Posts

Related Posts

Supreme Court Report, Volume 33, Issue 7

Supreme Court Report, Volume 33, Issue 4

Supreme Court Report, Volume 33, Issue 6

Latest News

  • Bipartisan Coalition of 45 Attorneys General Backs Pharmacy Benefit Manager (PBM) Transparency Rule April 17, 2026
  • Supreme Court Report, Volume 33, Issue 10 April 8, 2026
  • Supreme Court Report, Volume 33, Issue 9 April 1, 2026
  • Bipartisan Coalition of Attorneys General Urges Congress to Pass Legislation Against Illicit Xylazine March 31, 2026
  • Supreme Court Report, Volume 33, Issue 8 March 23, 2026

Recent Posts

  • Bipartisan Coalition of 45 Attorneys General Backs Pharmacy Benefit Manager (PBM) Transparency Rule
  • Supreme Court Report, Volume 33, Issue 10
  • Supreme Court Report, Volume 33, Issue 9
  • Bipartisan Coalition of Attorneys General Urges Congress to Pass Legislation Against Illicit Xylazine
  • Supreme Court Report, Volume 33, Issue 8

Stay Connected

Get NAAG updates and training alerts.

Create an account and then select your preferred mailings (otherwise, we will send you everything).

Create Account
Set Marketing Preferences
Log In to Your Account
White Logo for the National Association of Attorneys General

1850 M Street NW, Suite 1200
Washington, DC  20036
Telephone: (202) 326-6000
support@naag.org

Our Work

  • Bankruptcy
  • Consumer Protection
  • Tobacco and Public Health
  • Center for Supreme Court Advocacy

Resources

  • Attorney General Journal
  • CLE Policy and Guidelines
  • Event Calendar
  • NAAG Policy Letters
  • Reports & Publications

ABOUT

  • Leadership
  • Staff
  • NAAG History
  • Mission Foundation
  • Careers at NAAG
  • Contact Us

© 2026 Copyright National Association of Attorneys General

Website by Yoko Co

Internal Feedback / Report an Error

Request an Update / Report an Error

The change you are requesting will be linked to this page. The URL for the page will be included in a hidden field when the form is submitted.
Please enter your change or describe your request. Be sure to reference where the error appears on the page and what needs to be done specifically.
Upload any files that need to be linked to this page. PDF only. Submit another request if you have more than five files to upload.
Drop files here or
Accepted file types: pdf, docx, xls, Max. file size: 128 MB, Max. files: 5.

    Who is requesting this change?(Required)
    Scroll To Top

    Insert/edit link

    Enter the destination URL

    Or link to existing content

      No search term specified. Showing recent items. Search or use up and down arrow keys to select an item.
        This site is registered on Toolset.com as a development site.
        To provide you more clarity about how we collect, store and use personal information, and your rights to control that information, we have updated our privacy policy, which also explains how we use cookies. You consent to our cookies if you continue to use our website.