New Scholarship on Tribal Bankruptcy under Chapter 15 (“Foreign Nations”)

Blake Quackenbush has published “Cross-Border Insolvency and the Eligibility of Indian Tribes to Use Chapter 15 of the Bankruptcy Code” in the T.M. Cooley Law Review.

Here is the abstract:

Defaulting corporate debtors, sullied by unmanageable debt, often seek relief in federal bankruptcy court under 11 U.S.C. § 101, et seq. of the United States Code (Bankruptcy Code). Yet bankruptcy courts and scholars seem to agree that Indian tribes, like the Mashantucket Pequot Tribal Nation, cannot seek the same protection commonly afforded to individuals, entities, and municipalities under chapters 7 and 11 of the Bankruptcy Code.