USA Sales, Inc. v. Office of the U.S. Trustee

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

USA SALES, INC., DBA Statewide No. 21-55643 Distributors, a California Corporation, D.C. No. Plaintiff-Appellee, 5:19-cv-02133-

JWH-KK

v.

OFFICE OF THE UNITED STATES ORDER

TRUSTEE,

Defendant-Appellant.

On Remand from the United States Supreme Court

Filed August 6, 2024

Before: Susan P. Graber and John B. Owens, Circuit Judges, and John R. Tunheim, * District Judge.

Order

* The Honorable John R. Tunheim, United States District Judge for the District of Minnesota, sitting by designation. USA SALES, INC. V. OFFICE OF THE U.S. TRUSTEE

SUMMARY **

Bankruptcy

On remand from the Supreme Court for further consideration in light of Office of the United States Trustee v. John Q. Hammons Fall 2006, LLC, 144 S. Ct. 1588 (2024), the panel reversed the district court’s summary judgment in favor of USA Sales, Inc., a Chapter 11 debtor, and remanded the case to the district court. The Bankruptcy Judgeship Act of 2017 significantly increased the statutory fees for certain debtors in all but six judicial districts. USA Sales sued for a refund of the…