Aug. 25, 2022
Law 360
The U.S. Court of Appeals for the Tenth Circuit on Aug. 15 became the first appeals court to rule following the June 6 U.S. Supreme Court decision in Siegel v. Fitzgerald in In re: John Q. Hammons Fall 2006 LLC and held that the government must pay a refund to a Chapter 11 debtor based on what the debtor would have paid over the same time were the case in a bankruptcy administrator district.
Nashville partner Shane Ramsey, a vice chair of the Nelson Mullins bankruptcy and financial restructuring practice group, discusses this decision in a Law360 article. Ramsey addresses the impact of the Tenth Circuit’s decision on other pending appeals considering the same issue.
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