St. Angelo v. Victoria Farms, Inc., 93-15254
| Decision Date | 02 February 1995 |
| Docket Number | No. 93-15254,93-15254 |
| Citation | 46 F.3d 969 |
| Parties | Mark ST. ANGELO, Acting U.S. Trustee for Region 17, Plaintiff-Appellant, v. VICTORIA FARMS, INC., Defendant-Appellee. |
| Court | U.S. Court of Appeals — Ninth Circuit |
Before: CHOY, POOLE, and REINHARDT, Circuit Judges.
ORDER
The opinion, 38 F.3d 1525, is amended as follows: the last paragraph of page 13245 [p. 1532] of the slip opinion (beginning "We need not") and the first two words of the following paragraph on p. 13246 ("In addition,") shall be deleted.
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48 cases
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Clinton Nurseries, Inc. v. Harrington (In re Clinton Nurseries, Inc.)
...fees. In 1994, the Ninth Circuit, in St. Angelo v. Victoria Farms, Inc. , 38 F.3d 1525, 1531 (9th Cir. 1994), as amended by 46 F.3d 969 (9th Cir. 1995), found this arrangement unconstitutional because Congress "provided no indication that the exemption [from the fees] in question was intend......
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U.S. Sales, Inc. v. Office of the U.S. Tr.
...constitutionality of the quarterly fee statute. In St. Angelo v. Victoria Farms, Inc. , 38 F.3d 1525 (9th Cir. 1994), amended by 46 F.3d 969 (9th Cir. 1995), the Ninth Circuit held that Congress' decision to impose quarterly fees in UST Districts, but not in BA Districts, violated the Bankr......
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Hobbs v. Buffets, L.L.C. (In re Buffets, L.L.C.)
...the Bankruptcy Clause. St. Angelo v. Victoria Farms, Inc. , 38 F.3d 1525, 1529, 1531–32 (9th Cir. 1994), amended by 46 F.3d 969 (9th Cir. 1995).Congress fixed that problem with a law empowering the Judicial Conference to set fees in Administrator districts that were "equal to those imposed"......
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U.S. Tr. Region 21 v. Bast Amron LLP (In re Mosaic Mgmt. Grp., Inc.)
...without quarterly fees being collected—was unconstitutionally nonuniform. 38 F.3d 1525, 1531–33 (9th Cir. 1994), amended , 46 F.3d 969 (9th Cir. 1995). Congress gave no reason for the extended deadline, such as whether it was addressing a geographically isolated problem, and the effect of t......
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2 firm's commentaries
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U.S. Supreme Court Bankruptcy Roundup
...requirement that bankruptcy laws be geographically uniform. See St. Angelo v. Victoria Farms, Inc., 38 F.3d 1525 (9th Cir. 1994), amended, 46 F.3d 969 (9th Cir. 1995); U.S. Const., art. I, ' 8, cl. 4. The Ninth Circuit noted that a bankruptcy law "may have different effects in various state......
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Siegel v. Fitzgerald – How to Remedy the Impacts of an Unconstitutional Law
...596 U.S. at 3; see also 28 U.S.C. § 589a(b)(5); [11] St. Angelo v. Victoria Farms, Inc., 38 F.3d 1525, 1532-1533 (1994), as amended, 46 F.3d 969 (1995). [12] 2000 Act § 105, 114 Stat. 2412 (enacting 28 U.S.C. § 1930(a)(7)). [13] See Report of the Proceedings of the Judicial Conference of th......