No. 23-824
United States v. David L. Miller
Tags: appropriations-clause bankruptcy bankruptcy-trustee fraudulent-transfer section-544 sovereign-immunity supremacy-clause tax
Latest Conference:
2024-06-20
(distributed 2 times)
Question Presented (from Petition)
Whether a bankruptcy trustee may avoid a debtor's tax payment to the United States under Section 544(b) when no actual creditor could have obtained relief under the applicable state fraudulent-transfer law outside of bankruptcy.
Question Presented (AI Summary)
Whether a bankruptcy trustee may avoid a debtor's tax payment to the United States under Section 544(b) when no actual creditor could have obtained relief under the applicable state fraudulent-transfer law outside of bankruptcy
Docket Entries
2025-04-28
Judgment Issued.
2025-03-26
Judgment REVERSED. Jackson, J., delivered the opinion of the Court, in which Roberts, C. J., and Thomas, Alito, Sotomayor, Kagan, Kavanaugh, and Barrett, JJ., joined. Gorsuch, J., filed a dissenting opinion.
2024-12-02
Argued. For petitioner: Yaira Dubin, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For respondent: Lisa S. Blatt, Washington, D. C.
2024-10-31
Record received from the United States Court of Appeals for the Tenth Circuit. The record is electronic and is available on PACER.
2024-10-22
CIRCULATED
2024-10-21
Record requested from the United States Court of Appeals for the Tenth Circuit.
2024-10-21
Reply of petitioner United States filed. (Distributed)
2024-10-18
SET FOR ARGUMENT on Monday, December 2, 2024.
2024-09-26
Brief amicus curiae of National Association of Bankruptcy Trustees filed.
2024-09-26
Brief amicus curiae of National Creditors Bar Association filed.
2024-09-26
Brief amicus curiae of The Chamber of Commerce of the United States of America filed.
2024-09-20
Brief amici curiae of Hon. Eugene Wedoff (Ret.), et al. filed.
2024-09-19
Brief of respondent David L. Miller filed.
2024-08-15
Brief amici curiae of 23 States and District of Columbia filed.
2024-08-15
Brief amici curiae of 23 States, et al. filed.
2024-08-15
Amicus brief of State of Oregon submitted.
2024-08-08
Joint appendix filed. (Statement of cost filed)
2024-08-08
Brief of petitioner United States filed.
2024-08-08
Joint appendix filed.
2024-08-08
Joint Appendix submitted.
2024-08-08
Brief of United States submitted.
2024-07-18
Motion to extend the time to file respondent's brief on the merits granted, and the time is extended to and including September 19, 2024.
2024-07-10
Motion for an extension of time to file respondent's brief on the merits filed.
2024-07-10
Motion of David L. Miller for an extension of time submitted.
2024-06-24
Petition GRANTED.
2024-06-17
DISTRIBUTED for Conference of 6/20/2024.
2024-05-28
DISTRIBUTED for Conference of 6/13/2024.
2024-05-28
Reply of petitioner United States filed. (Distributed)
2024-05-13
Brief of respondent David L. Miller in opposition filed.
2024-03-14
Motion to extend the time to file a response is granted and the time is further extended to and including May 13, 2024.
2024-03-13
Motion to extend the time to file a response from April 1, 2024 to May 13, 2024, submitted to The Clerk.
2024-02-21
Motion to extend the time to file a response is granted and the time is extended to and including April 1, 2024.
2024-02-20
Motion to extend the time to file a response from March 1, 2024 to April 1, 2024, submitted to The Clerk.
2024-01-29
Petition for a writ of certiorari filed. (Response due March 1, 2024)
2023-12-19
Application (23A445) granted by Justice Gorsuch extending the time to file until January 29, 2024.
2023-12-18
Application (23A445) to extend further the time from January 2, 2024 to January 29, 2024, submitted to Justice Gorsuch.
2023-11-17
Application (23A445) granted by Justice Gorsuch extending the time to file until January 2, 2024.
2023-11-16
Application (23A445) to extend the time to file a petition for a writ of certiorari from November 30, 2023 to January 2, 2024, submitted to Justice Gorsuch.
Attorneys
David L. Miller
Lisa S. Blatt — Williams & Connolly LLP, Respondent
Hon. Eugene Wedoff (Ret.), and Law Professors George Kuney, Bruce A. Markell, Lawrence Ponoroff, Ray Warner, Jack Williams and David Kuney
David R. Kuney — David Kuney Law, Amicus
National Association of Bankruptcy Trustees
Richard Preston Cook — Richard P. Cook, PLLC, Amicus
National Creditors Bar Association
Brit Jan Suttell — Barron & Newburger, P.C., Amicus
State of Oregon
The Chamber of Commerce of the United States of America
United States
Elizabeth B. Prelogar — Petitioner
Sarah M. Harris — Acting Solicitor General, Petitioner