Supreme Court Resolves Section 544 Sovereign Immunity Question
By EsqSocial Corporation 01/05/25
We have previously blogged about the Tenth Circuit’s decision in United States v. Miller, a case that concerns the relationship between section 544(b)(1) and section 106(a)(1) of the Bankruptcy Code. As we explained in our prior post, section 544(b)(1) enables a trustee to step into the shoes of a creditor and avoid a transfer “of an interest of the debtor in property” that is voidable by an unsecured creditor under applicable law....
By: Patterson Belknap Webb & Tyler LLP