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MILLER v. UNITED STATES

No. 21-4135.

71 F.4th 1247 (2023)

David L. MILLER, Plaintiff-Appellee, v. UNITED STATES of America, Defendant-Appellant. National Association of Bankruptcy Trustees, Amicus Curiae.

United States Court of Appeals, Tenth Circuit.

FILED June 27, 2023.

Attorney(s) appearing for the Case

Ivan C. Dale ( David A. Hubbert , Deputy Assistant Attorney General, and Ellen Page DelSole with him on the briefs) Tax Division, Department of Justice, Washington D.C., for Defendant-Appellant.

Reid W. Lambert , Strong & Hanni, Salt Lake City, Utah, for Plaintiff-Appellee.

Before CARSON, BALDOCK, and EBEL, Circuit Judges.

"All our work ... is a matter of semantics."

Justice Frankfurter

As apposite here, § 544(b)(1) of the United States Bankruptcy Code provides that "the trustee may avoid any transfer of an interest of the debtor in property ... that is voidable under applicable law by a creditor holding an unsecured...

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