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Bankruptcy Court Upholds Indian Tribe’s Sovereign Immunity We We We Blog Bankruptcy & Restructuring Viewpoints

In a determination published October 19, 2020, Judge Frank J. Bailey for the U.S. Bankruptcy Court for the District of Massachusetts discovered that an Indian tribe wasn’t at the mercy of the Bankruptcy Code’s automatic stay. This choice ended up being a question of first impression in the 1st Circuit and contributes to a growing conflict on the list of federal circuits from the dilemma of Indian tribal sovereign resistance under Section 106 associated with the Bankruptcy Code, which gives that “sovereign immunity is abrogated as to a government unit,” with respect to key conditions of this Bankruptcy Code (including area 362, with respect to the automated stay). Weiterlesen