No. 23-824October Term 2024Decided Mar 26, 2025
United States, Petitioner v. David L. Miller
The Supreme Court held that while the Bankruptcy Code waives the federal government's sovereign immunity for certain claims, this waiver does not extend to state-law fraudulent transfer claims that a trustee attempts to bring against the IRS, because a private creditor could not have sued the government under state law outside of bankruptcy.
Case status
- Current stage
- Decided
- Latest event
- Decision released Mar 26, 2025
- What it's about
The Supreme Court held that while the Bankruptcy Code waives the federal government's sovereign immunity for certain claims, this waiver does not extend to state-law fraudulent transfer claims that a trustee attempts to bring against the IRS, because a private creditor could not have sued the government under state law outside of bankruptcy.
Question presented
May a bankruptcy trustee avoid a debtor’s tax payment to the United States under 11 U.S.C. § 544(b) when no actual creditor could have obtained relief under the applicable state fraudulent-transfer law outside of bankruptcy?
- Case path
United States Court of Appeals for the Tenth Circuit / Decision released Mar 26, 2025
- Area
Business and Regulation
Documents
Related cases




Grounding
- Grounding
- Primary-source trail available.
- Note
- Plain-English explainer. Official filings and opinions remain authoritative.
- Checked
- Mar 30, 2026
- Method
- Methodology
Primary materials8
Supreme Court docket 23-824
docket | Mar 30, 2026
Primary case document
Supreme Court document | Mar 30, 2026
CourtListener docket record
docket | Mar 30, 2026
Questions Presented
brief | Mar 8, 2026
Opinion
opinion | Mar 26, 2025
opinion
opinion | Mar 26, 2025
Oral Arguments - United States v. Miller
audio | Dec 2, 2024
Petition
brief | Jan 29, 2024