Supreme Court Hears Argument on Allowing a Trustee to Sue the IRS for Fraudulent Transfers
Most justices seemed inclined to believe that the waiver of sovereign immunity in Section 106(a) does not abrogate the “actual creditor” requirement in Section 544(b)(1).
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Supreme Court to Rule on Waiver of Sovereign Immunity for Suits Under Section 544(b)(1)
To resolve a circuit split, the Supreme Court has agreed to decide whether a trustee can sue the government to recover a fraudulent transfer under state law when sovereign immunity would bar an ‘actual creditor’ from suing.
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Benchnotes July 2024
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