UNITED STATES BANKRUPTCY COURT 

EASTERN DISTRICT OF VIRGINIA 

Richmond Division 

In re: CIRCUIT CITY STORES, INC., et al., Case No. 08-35653-KRH 

Debtors. Chapter 11 

(Jointly Administered) 

____________________________________ 

ALFRED H. SIEGEL, Trustee of the 

Circuit City Stores, Inc. Liquidating Trust, 

Plaintiff, 

v. Adv. Pro. No. 19-03091-KRH 

UNITED STATES TRUSTEE PROGRAM, et al., 

Defendants. 

_____________________________________ 

ORDER 

 On December 15, 2022, this Court denied Defendants’ Motion to Dismiss and 

Memorandum in Support [ECF No. 45] by an Order [ECF No. 65] (the “Order”) and 

accompanying Memorandum Opinion [ECF No. 64]. The Order determined that Alfred H. Siegel, 

Trustee of the Circuit City Stores, Inc. Liquidating Trust (the “Trustee”) is entitled to a refund in 

the amount of the portion of the quarterly U.S. Trustee fees paid that exceeded the amount the 

Plaintiff would have had to pay in a bankruptcy administrator district, inclusive of the first three 

quarters of calendar year 2018 (the “Unconstitutional Overpayment”). The Order further set a 

continued pre-trial conference to set a trial, as the Court had not issued a judgment concerning the 

precise amount of the Unconstitutional Overpayment. 

 

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On December 26, 2022, the Defendants1

 filed a Notice of Appeal and Statement of Election

[ECF No. 68] (the “Notice of Appeal”), seeking to appeal the Order2 without the leave of Court 

required by Rule 8004(a) of the Federal Rules of Bankruptcy Procedure (the “Bankruptcy Rules”). 

The Notice of Appeal commenced Civil Action Number 3:23-cv-00001-MHL in the United States 

District Court for the Eastern District of Virginia. On February 15, 2023, the District Court 

transmitted a Certification to Court of Appeals by All Parties [Case No. 3:3-cv-00001-MHL, ECF 

No. 6] to the United States Court of Appeals for the Fourth Circuit. 

On February 11, 2023, the parties filed a Stipulation [ECF No. 82] (the “Stipulation”) 

agreeing that the amount of the Unconstitutional Overpayment is $756,844.66. Based on the 

Stipulation, contemporaneously herewith, the Court entered judgment in favor of the Trustee in 

the stipulated amount of $756,844.66 (the “Judgment”). The Judgment therefore fully and finally 

resolves this Adversary Proceeding. In consideration whereof, it is therefore 

ORDERED that the Pre-Trial Conference is CANCELLED. 

Dated: February 17, 2023 /s/ Kevin R. Huennekens 

 UNITED STATES BANKRUPTCY JUDGE 

 Entered on Docket: 

Copies to: 

Kathryn R. Montgomery 

Office of the United States Trustee 

701 East Broad Street, Ste. 4303 

Richmond, VA 23219 

 

1

 “Defendants” shall refer to collectively the United States Trustee Program, Ramona D. Elliott, Acting Director, 

and John P. Fitzgerald, III, Acting United States Trustee for Region 4. 

2

 No party has sought a stay of this adversary proceeding pending resolution of the appellate process pursuant to 

Bankruptcy Rule 8007(a)(1). 

February 17, 2023

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Ramona D. Elliott 

P. Matthew Sutko 

Beth A. Levene 

Department of Justice 

Executive Office for United States Trustees 

441 G Street, N.W., Suite 6150 

Washington, DC 20530 

Paula S. Beran 

Lynn L. Tavenner 

Tavenner & Beran, PLC 

20 North Eighth Street, Second Floor 

Richmond, VA 23219 

Richard. M. Pachulski 

Andrew W. Caine 

Jeffrey N. Pomerantz 

Pachulski Stang Ziehl & Jones LLP 

10100 Santa Monica Boulevard, 13th Floor 

Los Angeles, California 90067-4100 

Robert J. Feinstein 

Pachulski Stang Ziehl & Jones LLP 

780 Third Avenue, 34th Floor 

New York, New York 10017 

Daniel L. Geyser 

Haynes and Boone, LLP 

2323 Victory Avenue, Ste. 700 

Dallas, Texas 75219 

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