No. 23A445

United States v. David L. Miller

Lower Court: Tenth Circuit
Docketed: 2023-11-16
Status: Presumed Complete
Type: A
Experienced Counsel
Tags: bankruptcy-code fraudulent-transfer section-106(a) section-544(b) sovereign-immunity trustee-action
Latest Conference: N/A
Question Presented (from Petition)

Whether Section 106(a) of the Bankruptcy Code abrogates the United States' sovereign immunity with respect to the underlying state-law cause of action that forms the basis for a trustee's avoidance action under Section 544(b), or only with respect to the trustee's Section 544(b) action itself.

Question Presented (AI Summary)

Whether Section 106(a) of the Bankruptcy Code abrogates the federal government's sovereign immunity for both a trustee's federal claim under Section 544(b) and the underlying state-law fraudulent transfer cause of action

Docket Entries

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

United States
Elizabeth B. Prelogar — Petitioner