Materials in Cedarville Rancheria Claim to Immunity under Bankruptcy Act

Here are materials in In re Diven (E.D. Cal. Bkrcy.):

86 Diven Motion for Sanctions

111 Amended Opposition to Motion for Sanctions (FINAL)

114 Debtors Reply

116 Diven Decision

117 Order on Sanctions

Delegation representing 20,000 Californian Indians meeting with Senator Hiram Johnson: Photograph shows a delegation of eight Native American men from California representing 300 tribes and bands of Californian Indians meeting with Senator Johnson during visit to Congress to petition them to honor the Lost Treaties of 1851 and 1852; delegation members include Alfred C. Gillis (Wintun), Thomas H. Billings (Scotts Valley), Harrison Diaz (Paiute), William Fuller (Me-Wuk), Frank Isles (Klamath), Stephen Night (Ukiah), Albert Wilder (Central Klamath).  [LOC]

First Circuit Briefs in Challenge to Tribal Immunity under Bankruptcy Act

Here are the briefs in In re Coughlin:

Opening Brief

Joint Response Brief

NAFOA Amicus Brief

2021-07-22 Amici Professors of Federal Indian Law Brief – 1st Cir Docket No 21-1153

Lower court materials here.

Federal Bankruptcy Court Confirms Bankruptcy Act Does Not Abrogate Tribal Immunity [Lac du Flambeau Ojibwe]

Here are the relevant materials in In re Coughlin (D. Mass. Bkrcy.):

27 Motion to Enforce Automatic Stay

73-1 LDF Motion to Dismiss

74-1 LDF Businsess Corp Motion to Dismiss

82 Response to 73

84 Response to 74

92 Reply in Support of 73

93 Reply in Support of 74

97-1 Surreply

111 LDF Surreply to the Surreply

112 LDF Business Corp Surreply to the Surreply

113 Order

Buchwald Capital Advisors LLC v. Sault Ste. Marie Tribe of Chippewa Indians Cert Petition [Bankruptcy Code + Sovereign Immunity]


buchwald cert petition

Question presented:

Whether the Bankruptcy Code abrogates the sovereign immunity of Indian tribes.

Lower court materials here.

Split Sixth Circuit Panel Confirms Tribal Immunity in Bankruptcy Act Proceedings

Here is the opinion in In re Greektown Holdings LLC.





Lower court materials and prior posts here.

Delaware Federal Court Affirms Bankruptcy Act Did Not Abrogate Tribal Immunity

Here are the materials in In re Money Centers Inc. (D. Del.):

15 Appellant Brief

16 Appellee Brief

17 Thunderbird Appellee Brief

18 Reply

23. Memorandum Affirming BR Court 3-29-18

114. Opinion Granting QCA MTD 2-28-17

Federal Court Holds Federal Bankruptcy Code Did Not Waive Tribal Immunity under Bay Mills Clear Statement Rule

Here are the materials in Buchwald Capital Advisors, LLC v. Papas (In re Greektown Holdings, LLC):

8 Sault Tribe Brief

10 Buchwald Capital Brief

12 Sault Reply

15 DCT order

This case is on appeal from the bankruptcy court. Here are those materials.

Federal Bankruptcy Court Holds Congress Abrogated Tribal Immunity in Bankruptcy Act

Here are the materials in In re Greektown Holdings LLC (E.D. Mich. Bkrcy.):

453 SSM Renewed Motion to Dismiss

463 Opposition

469 SSM Reply

474 Bankruptcy Court Order

An excerpt:


In sum, although Indian tribes have a “thumb on the interpretive scale” tending to tip the balance in their favor in the event of an ambiguity or lack of clarity, that does not come into play because, in this Court’s view, Congress sufficiently, clearly, and unequivocally intended to abrogate their sovereign immunity in the subject statute.


Federal Bankruptcy Court Holds Future Tribal Per Caps Not Subject to Capture by Trustees

Here are the materials in In re Barth (D. Minn. Bkrtcy.):


Debtors Motion for Summary J

Trustee Motion for Summary J

Debtor Response

Trustee Response

An excerpt:

The Debtors are enrolled members of the Lower Sioux Indian Community in the State of Minnesota. Their predominant source of income is monthly per capita payments they receive from Lower Sioux. In these three adversary proceedings, the Chapter 7 trustees seek orders requiring the defendants to turnover post-petition per capita payments they receive from the Lower Sioux Indian Community, claiming that the payments are contingent property rights that existed at filing and constitute 11 U.S.C. § 541(a) property of the bankruptcy estates. The assertion is based on the plaintiffs’ application of Minnesota law to determine the nature of the per capita payments. The defendants claim that the defendants had no property interest in future per capita payments at filing of the bankruptcies. They claim that tribal law, not Minnesota law, is the applicable law and that tribal law specifically provides that tribal members have no property right in future per capita payments. Plaintiffs and defendants agree that summary judgment is appropriate. The Court agrees with the defendants and holds that they had no property rights in future per capita payments at bankruptcy filing and that they are entitled to summary judgment that their bankruptcy estates have no interest in the payments.

The appellate court affirmed the dismissal of the claim against the Lower Sioux Indian Community earlier; we posted materials here.