Bankruptcy Act

SCOTUS Grants LDF v. Coughlin

Matthew L.M. Fletcher

Here is the order.

Cert stage briefs here.

Ninth Circuit Rejects Tribal Immunity under Bankruptcy Act

Matthew L.M. Fletcher

Here is the unpublished order in Numa Corp. v. Diven, formerly Cedarville Rancheria v. Diven.

Briefs here.

Another weird one from DALL-E: A showdown between Indians and lawyers before the Supreme Court.

Lac Du Flambeau Ojibwe Cert Petition in Bankruptcy Act/Sovereign Immunity Case

Matthew L.M. Fletcher

Here is the petition in Lac du Flambeau Band of Lake Superior Chippewa Indians v. Coughlin:

ldf-cert-petitionDownload

Question presented:

Whether the Bankruptcy Code expresses unequivocally Congress’s intent to abrogate the sovereign immunity of Indian tribes.

Lower court materials here.

Update:

Law Profs Amicus Brief.pdfDownload
Org Amicus Brief.pdfDownload
Coughlin BIO.pdfDownload

Ninth Circuit Briefs in Cedarville Rancheria v. Diven [tribal immunity under Bankruptcy Act]

Matthew L.M. Fletcher

Well, opening brief for now, here:

Opening Brief.pdfDownload
Answer Brief.pdfDownload

Other briefs TK.

Bankruptcy Attys Amicus Brief

Reply

Lower court materials here.

Possibly, though not likely, the home at issue.

Materials in Cedarville Rancheria Claim to Immunity under Bankruptcy Act

Matthew L.M. Fletcher

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]
joint-petition-for-permission-to-appeal-under-28-usc-158d2a-1.21.22-with-exhibit-a-final-1Download

First Circuit Briefs in Challenge to Tribal Immunity under Bankruptcy Act

Matthew L.M. Fletcher

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]

Matthew L.M. Fletcher

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