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Sovereign Immunity Bankruptcy Code

Goodwin

Complicit Defendants Lose, Sovereign Agency Wins in Eternal Madoff Litigation

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Two recent decisions in the Madoff bankruptcy cases illustrate that the legacy of Bernie Madoff will long survive the man himself. Bernie Madoff died on April 14, 2021, while incarcerated in the Federal Medical Center in...more

Jones Day

Business Restructuring Review September-October 2023 | Vol. 22 No. 5

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Section 546(e) of the Bankruptcy Code’s “safe harbor” preventing avoidance in bankruptcy of certain securities, commodity, or forward-contract payments has long been a magnet for controversy. Several noteworthy court rulings...more

Jones Day

Circuit Split Widens on Extent of Abrogation of Sovereign Immunity for Governmental Units in Bankruptcy Avoidance Litigation

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Bankruptcy trustees and chapter 11 debtors-in-possession ("DIPs") frequently seek to avoid fraudulent transfers and obligations under section 544(b) of the Bankruptcy Code and state fraudulent transfer or other applicable...more

Patterson Belknap Webb & Tyler LLP

Tenth Circuit Holds that Sovereign Immunity Does Not Limit Section 544 Claim

Section 544(b)(1) of the Bankruptcy Code enables a trustee to step into the shoes of a creditor and avoid a transfer “of an interest of the debtor in property” that an unsecured creditor could avoid under applicable state...more

Jones Day

U.S. Supreme Court Bankruptcy Roundup - July 2023

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Since May 2023, the U.S. Supreme Court has issued three decisions addressing or potentially impacting issues of bankruptcy law. These included rulings concerning the abrogation of sovereign immunity for Native American tribes...more

Quarles & Brady LLP

SCOTUS Holds Bankruptcy Code Waives Tribal Sovereign Immunity: Implications for Tribes as Creditors: Lac du Flambeau Band of Lake...

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The courts have long been split on the question of whether Native American tribes are immune from legal attacks under federal bankruptcy law. Some courts have held that tribes and tribal-owned entities could not be sued for...more

Mintz - Bankruptcy & Restructuring Viewpoints

SCOTUS Bankruptcy Decision Roundup

On average, the Supreme Court hears a single bankruptcy case each term. But during the October 2022 term, the Supreme Court issued a remarkable four decisions in bankruptcy cases. These decisions, which are summarized below,...more

Faegre Drinker Biddle & Reath LLP

Bankruptcy Implications of Lac du Flambeau Band of Lake Superior Chippewa Indians v. Coughlin

On June 15, 2023, the U.S. Supreme Court decided Lac du Flambeau Band of Lake Superior Chippewa Indians, et al. v. Coughlin. The case involved a tribal entity, “Lendgreen,” that lent an individual, Brian Coughlin, “$1,100 in...more

McGuireWoods LLP

U.S. Supreme Court: Bankruptcy Code Abrogates Tribal Sovereign Immunity

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On June 15, 2023, the U.S. Supreme Court ruled that the Bankruptcy Code barred an Indian tribe’s attempts to collect on a defaulted debt from a Chapter 13 debtor....more

Miller Nash LLP

The Supreme Court Abrogates Tribal Immunity in Bankruptcy Proceedings

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On June 15, 2023, Justice Jackson led the majority in an 8-1 decision holding that the Bankruptcy Code abrogates federally recognized tribes’ sovereign immunity. The decision has significant implications for tribal creditors...more

Snell & Wilmer

Supreme Court Determines Section 106(a) of the Bankruptcy Code Waives Sovereign Immunity of Native American Tribes

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On June 15, 2023, the United States Supreme Court held that “the Bankruptcy Code unambiguously abrogates the sovereign immunity of all governments, including federally recognized Indian tribes.”1 In other words, Native...more

Holland & Knight LLP

U.S. Supreme Court Holds Tribal Sovereign Immunity Expressly Abrogated by U.S. Bankruptcy Code

Holland & Knight LLP on

Section 106(a) of the U.S. Bankruptcy Code expressly abrogates the sovereign immunity of "governmental units" for purposes of certain bankruptcy-related litigation. A split of authority concerning whether that abrogation...more

Troutman Pepper

Supreme Court Holds Bankruptcy Code Abrogates Tribal Immunity

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In January, the U.S. Supreme Court agreed to hear Lac du Flambeau Band of Lake Superior Chippewa Indians v. Coughlin after the First Circuit barred the Lac du Flambeau Band from seeking to collect on a $1,600 debt obligation...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Lac du Flambeau Band of Lake Superior Chippewa Indians et al. v. Coughlin

On June 15, 2023, the U.S. Supreme Court decided Lac du Flambeau Band of Lake Superior Chippewa Indians et al. v. Coughlin, No. 22-227, holding that the Bankruptcy Code unambiguously abrogates the sovereign immunity of all...more

Sheppard Mullin Richter & Hampton LLP

Supreme Court Finds Bankruptcy Code Abrogates Tribal Sovereign Immunity

The U.S. Supreme Court ruled on Thursday that because Indian tribes are indisputably governments, the Bankruptcy Code unmistakably abrogates their sovereign immunity to bankruptcy court proceedings....more

Dorsey & Whitney LLP

The Supreme Court Update - June 15, 2023

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The Supreme Court of the United States issued 3 decisions today: Lac du Flambeau Band of Lake Superior Chippewa Indians v. Coughlin,No. 22-227: This statutory interpretation and federal Indian law case addressed the...more

Snell & Wilmer

Supreme Court Grants Certiorari to Determine Whether the Bankruptcy Code Waives Sovereign Immunity of Native American Tribes

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On January 13, 2023, the Supreme Court granted the Lac du Flambeau Band of Lake Superior Chippewa Indians’ Petition for a Writ of Certiorari to resolve the split of circuits on whether Section 106 of the Bankruptcy Code...more

Dorsey & Whitney LLP

The Supreme Court Update - January 13, 2023

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On Friday, January 13, the Supreme Court of the United States granted certiorari in eight cases: U.S. ex rel. Schutte v. SuperValu Inc.; U.S. ex rel. Proctor v. Safeway, Inc., Nos. 21-1326, 22-111: These consolidated...more

Jones Day

First Circuit Deepens Split on Waiver of Tribal Sovereign Immunity in Bankruptcy

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Recognized Native American tribes generally have inherent authority to govern themselves without interference by federal or state governments. An important element of this "tribal sovereignty" is immunity from lawsuits in...more

Dorsey & Whitney LLP

Bankruptcy Automatic Stay: Tribal Sovereign Immunity Abrogated

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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

Snell & Wilmer

First Circuit Joins the Ninth Circuit by Holding That Section 106(a) of the Bankruptcy Code Waives Tribes’ Sovereign Immunity

Snell & Wilmer on

Deepening a split of circuits, the First Circuit Court of Appeals held that the Bankruptcy Code waived the sovereign immunity of Native American Tribes. The May 6, 2022 opinion by Judge Sandra L. Lynch sided with the Ninth...more

Nelson Mullins Riley & Scarborough LLP

A Growing Circuit Split: Does the IRS Have Sovereign Immunity from Fraudulent Transfer Claims under 11 U.S.C. § 544(b)(1)?

In a March 8, 2022 decision, the United States Court of Appeals for the Fourth Circuit issued an opinion holding, in part, that the Internal Revenue Service (the “IRS”) does not have sovereign immunity for claims arising...more

Jones Day

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

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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

Patterson Belknap Webb & Tyler LLP

The Katz Principle Resurgent: State Sovereign Immunity Remains Abrogated in Bankruptcy

State governments can be creditors of individuals, businesses and institutions that are debtors in bankruptcy in a variety of ways, most notably as tax and fine collectors but also as lenders. They can also be debtors of...more

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