Bankruptcy & Tribal Sovereign Immunity

In this episode, legal analyst Aileen Ramia speaks with corporate restructuring attorney Kathlene Burke regarding the Lac du Flambeau Band of Lake Superior Chippewa Indians v. Coughlin case that is pending before the United States Supreme Court. The case, which goes to the intersection of bankruptcy and Federal Indian law, brings to the forefront the issue of whether the Bankruptcy Code abrogates tribal sovereign immunity. Specifically, is a Native American tribe a "governmental unit" under the Bankruptcy Code?

In their discussion of the Lac du Flambeau case, they take a look at the notion of tribal sovereign immunity, how and when it is waived, and how tribes have historically been treated under the Bankruptcy Code. Finally, they discuss the implications of a Supreme Court ruling one way or the other and what such a ruling could mean for tribes moving forward.

#bankruptcy #federalindianlaw #scotus