Here:
Question presented:
Whether the Bankruptcy Code abrogates the sovereign immunity of Indian tribes.
Lower court materials here.
Eastern District of Michigan — Bankruptcy
Split Sixth Circuit Panel Confirms Tribal Immunity in Bankruptcy Act Proceedings
Here is the opinion in In re Greektown Holdings LLC.
Briefs:
Lower court materials and prior posts here.
Federal Court Affirms Sault Ste. Marie Tribe’s Sovereign Immunity to Bankruptcy Proceeding
Here are the materials in the matter of Buchwald Capital Advisors, LLC v. Sault Ste. Marie Tribe of Chippewa Indians, 16-cv-13643 (E.D. Mich. January 23, 2018)(In re: Greektown Holdings, LLC, #08-53104, Bankr. E.D. Mich.):
- Doc. 9 – Amended Brief of Plaintiff-Appellant, Buchwald Capital Advisors LLC
- Doc. 11 – Brief on Appeal of Appellees Sault Ste. Marie Tribe of Chippewa Indians and Kewadin Casinos Gaming Authority in Support of the Bankruptcy Court’s Order Granting (sic) the Tribe’s Motion to Dismiss (Waiver Issue)
- Doc. 14 – Reply Brief of Plaintiff-Appellant, Buchwald Capital Advisors LLC
- Doc. 16 – Opinion and Order Affirming the Bankruptcy Court’s September 29, 2016 Opinion and Order Granting the Tribe Defendants’ Motion to Dismiss and Dismissing Them with Prejudice from the Adversary Proceeding
Link: Case archive
Federal Bankruptcy Court Holds Sault Tribe Didn’t Waive Immunity
Earlier, the federal district court had held the federal bankruptcy act doesn’t abrogate tribal sovereign immunity.
Here are the materials in In re Greektown Holdings LLC (E.D. Mich. Bkrcy.):
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
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.
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