Tag Archives: Bankruptcy Act

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

Here: buchwald cert petition Question presented: Whether the Bankruptcy Code abrogates the sovereign immunity of Indian tribes. Lower court materials here.

Posted in Author: Matthew L.M. Fletcher, economic development, Indian gaming, Michigan Indian, Research, sovereign immunity, Supreme Court | Tagged , , , , , , , , ,

Split Sixth Circuit Panel Confirms Tribal Immunity in Bankruptcy Act Proceedings

Here is the opinion in In re Greektown Holdings LLC. Briefs: buchwald-brief.pdf sault-tribe-brief.pdf buchwald-reply.pdf Lower court materials and prior posts here.

Posted in Author: Matthew L.M. Fletcher, economic development, Indian gaming, Michigan Indian, Research, sovereign immunity | Tagged , , , , , , ,

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

Posted in Author: Matthew L.M. Fletcher, economic development, Research, sovereign immunity | Tagged , , , ,

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 … Continue reading

Posted in Author: Matthew L.M. Fletcher, Michigan Indian, Research, sovereign immunity | Tagged , , , , | 1 Comment

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 … Continue reading

Posted in Author: Matthew L.M. Fletcher, gaming, Research, sovereign immunity | Tagged , , , , | 2 Comments

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.): Order 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 … Continue reading

Posted in Author: Matthew L.M. Fletcher, Research | Tagged , , , , , | 1 Comment

Briefs in In re Whitaker (Bucher v Dakota Finance Corp)

Here: Trustee Brief Tribal Brief Trustee Reply We posted the opinion here.

Posted in Author: Matthew L.M. Fletcher, economic development, Research, sovereign immunity | Tagged , , , | 1 Comment