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SCOTUS Looks for Remedy to Its Bankruptcy Fee Congressional Overstep Ruling
The U.S. Supreme Court on January 9 debated the proper remedy for its 2022 ruling that Congress violated the Constitution when it imposed steep bankruptcy fee hikes on large debtors in some districts but not others.
Faced with three options — refunding those who overpaid, collecting from those who underpaid or just moving forward with uniform fees — Justice Brett Kavanaugh acknowledged there was no perfect solution to the issue during oral arguments in U.S. Trustee v. John Q. Hammons Fall 2006.
"Even under your approach, there's not going to be perfection," he told a lawyer for the debtors demanding refunds.
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