Kathryn R. Montgomery, Esq., AUST (Va. Bar No. 42380)

Shannon Pecoraro, Esq. (Va. Bar No. 46864)

Jason B. Shorter, Esq. (Va. Bar No. 80989)

Office of the United States Trustee

701 East Broad Street - Suite 4304

Richmond, VA 23219

Telephone (804) 771-2310

Facsimile (804) 771-2330

IN THE UNITED STATES BANKRUPTCY COURT

FOR THE EASTERN DISTRICT OF VIRGINIA 

(Richmond Division)

In re:

CIRCUIT CITY STORES, INC., et al.,

Debtors.

Adv. No. 19-3091 (KRH)

Case No. 08-35653 (KRH)

Chapter 11

(Jointly Administered)

NOTICE OF DECISION IN SIEGEL V. FITZGERALD 

(IN RE CIRCUIT CITY STORES, INC.), CASE NO. 19-2240 (4th CIR. APR. 29, 2021)

The Acting United States Trustee for Region 4 respectfully files this Notice of Decision 

to alert the Court that the United States Court of Appeals for the Fourth Circuit has rendered a 

decision in Siegel v. Fitzgerald (In re Circuit City Stores, Inc.), Case No. 19-2240 (4th Cir. Apr. 

29, 2021), Slip Op. attached. 

1. On July 15, 2019, this Court ruled that the 2017 amendment to 28 U.S.C. 

§ 1930(a)(6), which temporarily increased quarterly fees for large chapter 11 cases, was 

unconstitutionally non-uniform, although application of the amendment to cases pending on its 

effective date is not impermissibly retroactive. See In re Circuit City Stores, Inc., 606 B.R. 260 

(Bankr. E.D. Va. 2019) (the “Fee Decision”). Both parties appealed to the Fourth Circuit. 

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2. On October 9, 2019, Alfred H. Siegel, as Trustee of the Circuit City Stores, Inc. 

Liquidating Trust, commenced this adversary action based on the Fee Decision, seeking a refund 

of allegedly overpaid quarterly fees. 

3. On December 2, 2019, by stipulation of the parties, this Court stayed this 

adversary proceeding pending a final decision in the appeal of the Fee Decision. Dkt. 6, 7. A

status conference is currently scheduled for May 12, 2021. Dkt. 27, 28.

4. On April 29, 2021, the Fourth Circuit rendered a decision in the appeal of the Fee 

Decision. In re Circuit City Stores, Inc., Case No. 19-2240 (4th Cir. Apr. 29, 2021). The Fourth 

Circuit affirmed this Court’s holding that the 2017 amendment is not impermissibly retroactive. 

Slip Op. at 19-23. However, it reversed this Court’s decision on uniformity, holding that the 

2017 amendment is constitutional. Id. at 15-18.

5. The stipulation staying this adversary proceeding defines a “final decision” in the 

appeal as meaning “that no further request for review (whether via reconsideration, appeal or 

certiorari) has been sought and the date by which any such request for further review must be 

sought has passed.” Dkt. 6 at 2-3. Because the time to seek review of the Fourth Circuit’s April 

29, 2021 decision has not yet passed, it is not a “final decision” within the meaning of the 

stipulation. Accordingly, the stay of this adversary proceeding remains in effect.

Date: April 29, 2021

RAMONA D. ELLIOTT

Deputy Director/General Counsel

P. MATTHEW SUTKO

Associate General Counsel

BETH A. LEVENE

Trial Attorney

Department of Justice

Executive Office for 

 United States Trustees

441 G Street, N.W., Suite 6150

Washington, DC 20530

(202) 307-1399

Fax: (202) 307-2397

Respectfully submitted,

By: /s/ Kathryn R. Montgomery

JOHN P. FITZGERALD, III

Acting United States Trustee, Region 4

KATHRYN R. MONTGOMERY 

Assistant United States Trustee

Department of Justice

Office of the United States Trustee

701 East Broad Street, Suite 4304

Richmond, Virginia 23219

(804) 771-2310

Fax: (804) 771-2330

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