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Automatic Stay Sovereign Immunity

Dorsey & Whitney LLP

Bankruptcy Automatic Stay: Tribal Sovereign Immunity Abrogated

Dorsey & Whitney LLP on

First Circuit - Coughlin v. Lac Du Flambeau Band of Lake Superior Chippewa Indians - The issue was whether tribal sovereign immunity protected the tribal lender from the automatic stay. On May 6, 2022, the First Circuit...more

Jones Day

Kumtor Gold Challenges the Practical Application of the Automatic Stay's Global Reach

Jones Day on

Although the automatic stay contained in section 362 of the Bankruptcy Code theoretically extends worldwide, enforcing it against international creditors, particularly sovereigns, can present practical problems in its...more

Mintz - Bankruptcy & Restructuring Viewpoints

Bankruptcy Court Upholds Indian Tribe’s Sovereign Immunity

In a decision published October 19, 2020, Judge Frank J. Bailey of the U.S. Bankruptcy Court for the District of Massachusetts found that an Indian tribe was not subject to the Bankruptcy Code’s automatic stay. This decision...more

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