Split 6th Circuit Upholds Dismissal Of Bankruptcy Claims Against Michigan Tribe

Mealey's (February 27, 2019, 1:10 PM EST) -- CINCINNATI — The question of whether Congress clearly abrogated tribal sovereign immunity in the U.S. Bankruptcy Code divided a Sixth Circuit U.S. Court of Appeals panel Feb. 26, with the majority finding no unequivocal intent to remove tribal immunity and no waiver of the immunity by the filing of a bankruptcy petition in affirming dismissal of fraudulent transfer claims against a Michigan Indian tribe and its gaming business (Buchwald Capital Advisors, LLC v. Sault Ste. Marie Tribe of Chippewa Indians, et al., Nos. 18-1165, 18-1166, 6th Cir., 2019 U.S. App. LEXIS 5584)....