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United States v. Miller

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Docket No. Op. Below Argument Opinion Vote Author Term
23-824 10th Cir. TBD TBD TBD TBD OT 2024

Issue: Whether a bankruptcy trustee may 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.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Nov 16 2023Application (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.
Nov 17 2023Application (23A445) granted by Justice Gorsuch extending the time to file until January 2, 2024.
Dec 18 2023Application (23A445) to extend further the time from January 2, 2024 to January 29, 2024, submitted to Justice Gorsuch.
Dec 19 2023Application (23A445) granted by Justice Gorsuch extending the time to file until January 29, 2024.
Jan 29 2024Petition for a writ of certiorari filed. (Response due March 1, 2024)
Feb 20 2024Motion to extend the time to file a response from March 1, 2024 to April 1, 2024, submitted to The Clerk.
Feb 21 2024Motion to extend the time to file a response is granted and the time is extended to and including April 1, 2024.
Mar 13 2024Motion to extend the time to file a response from April 1, 2024 to May 13, 2024, submitted to The Clerk.
Mar 14 2024Motion to extend the time to file a response is granted and the time is further extended to and including May 13, 2024.
May 13 2024Brief of respondent David L. Miller in opposition filed.
May 28 2024DISTRIBUTED for Conference of 6/13/2024.
May 28 2024Reply of petitioner United States filed. (Distributed)
Jun 17 2024DISTRIBUTED for Conference of 6/20/2024.
Jun 24 2024Petition GRANTED.
Jul 10 2024Motion for an extension of time to file respondent's brief on the merits filed.
Jul 18 2024Motion to extend the time to file respondent's brief on the merits granted, and the time is extended to and including September 19, 2024.
Aug 08 2024Brief of petitioner United States filed.
Aug 08 2024Joint appendix filed.
Aug 15 2024Brief amici curiae of 23 States and District of Columbia filed.
Sep 19 2024Brief of respondent David L. Miller filed.
Sep 20 2024Brief amici curiae of Hon. Eugene Wedoff (Ret.), et al. filed.
Sep 26 2024Amicus brief of National Association of Bankruptcy Trustees submitted.
Sep 26 2024Amicus brief of The Chamber of Commerce of the United States of America submitted.