Publication Date

Winter 2026

Journal

American Bankruptcy Institute Law Review

Abstract

The article argues that the Supreme Court's decision in United States v. Miller was wrongly decided because it failed to recognize that sovereign immunity is waivable and does not protect the government when it trespasses upon preexisting property rights. The analysis contends that fraudulent transfer claims are quasi in rem actions, meaning the sovereign is subject to the incidental procedures of bankruptcy once enmeshed in such proceedings.

Volume

34

Issue

1

First Page

1

Last Page

70

Publisher

American Bankruptcy Institute

Disciplines

Bankruptcy Law | Law

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