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 

 Upon consideration of the Defendants’ Motion to Dismiss and Memorandum in Support 

[ECF No. 45] (the “Motion to Dismiss”) filed in the above-captioned consolidated adversary 

proceedings, the Court having reviewed the pleadings and having considered the arguments of 

counsel at the hearing conducted on November 15, 2022, for the reasons set forth in the 

accompanying Memorandum Opinion entered substantially contemporaneously herewith, it is 

hereby 

ORDERED, ADJUDGED, AND DECREED THAT: 

1. The Motion to Dismiss is DENIED. 

2. The Plaintiff 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”). 

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3. The Court will reconvene on January 18, 2023, at 1:00 p.m. the pre-trial 

conference that had been continued generally on the Court’s docket (the “Pre-Trial Conference”) 

in order to, amoung other things, schedule the trial of this matter. The Pre-Trial Conference shall 

be conducted both in-person and by Zoom for Government. Persons wishing to appear at the 

Hearing may participate by either, at their option, appearing in person at Judge Huennekens’ 

Courtroom, 701 E. Broad St., Courtroom 5000, Richmond, Virginia, or registering in advance at: 

https://www.zoomgov.com/meeting/register/vJIscuqtrzovGFfOxcvK4FseAfd9d5Q4fsg

Dated: December 15, 2022 /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 

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 

Dec 15 2022

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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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