Tag Archives: Eastern District of Michigan — Bankruptcy

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 , , , , , , ,

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 … Continue reading

Posted in Author: Sarah Donnelly, gaming, Michigan Indian, Research, sovereign immunity | Tagged , , ,

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.): 649-1 Motion to Dismiss 668-buchwald-response 679-reply 728-order

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

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