On request of the American Bankruptcy Institute, Bradley L. Drell
and Heather M. Mathews
prepared an article featured in the August 2022 edition of the ABI Journal. Entitled “Siegel v. Fitzgerald
: The Prologue and Aftermath,” the article discusses both the historical and present-day conditions which gave rise to the Chapter 11 fee increase that exempted debtors in two states, which increase was deemed unconstitutional by the U.S. Supreme Court in Siegel
. The article, available here
, also addresses potential consequences which may result from the unanimous decision.
The team previously filed an amicus brief in Siegel
supporting the result ultimately obtained in the Supreme Court. The journal feature also came on the heels of Bradley L. Drell's
participation in a recent abiLIVE webinar discussing the case with Hon. Melanie L. Cyganowski (ret.) of Otterbourg PC, Prof. Stephen J. Lubben of Seton Hall University Law School and Clifford J. White, III, former director of the U.S. Trustee Program. ABI Editor-at-Large Bill Rochelle moderated the webinar.
“Our work on this issue has provided thrilling opportunities for us both. I revel in the sense of awe and wonder that comes from shaping the law and related policy discussions on a national scale,” said Heather M. Mathews
, the team’s lead author.