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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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'Huguenot LLC v. Megalith Capital Group Fund I, L.P.': A Tutorial On Contract Liability for Real Estate Purchasers
In June 2024, the First Department decided Huguenot LLC v. Megalith Capital Group Fund I, L.P., which resolved a question of liability for a group of condominium apartment buyers and in so doing, touched on a wide range of issues about how contracts can obligate purchasers of real property.
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