Federal Bankruptcy Court Holds Bankruptcy Act Doesn’t Abrogate Tribal Immunity, Tribal Corporations Immune

Here are the materials in In re Money Centers of America (D. Del. Bkrcy.):

431 Order

An excerpt:

As set forth above, the Court finds that: (i) this is a facial attack on the Court’s subject matter jurisdiction allowing the Court to review various documents attached to the pleadings; (ii) both QCA and Thunderbird are sufficiently related to their respective Indian tribes to enjoy the tribes’ sovereign immunity; and (iii) neither Section 106(a) nor Section 101(27) abrogates QCA’s and Thunderbird’s sovereign immunity. Thus, Thunderbird’s motion to dismiss will be granted.

Furthermore, as to QCA only, the Court finds that it does not have sufficient information to determine whether there was a limited waiver of QCA’s sovereign immunity, to the extent of recoupment only, as to QCA’s claims. Although, at most recoupment would be limited to the amount of QCA’s claims against the Money Center’s estate

Quapaw Casino proceeding:

66 QCA Motion to Dismiss

67 Trustee Opposition

69 Reply

Thunderbird (Absentee Shawnee) proceeding:

6 Trustee Opposition

7 Thunderbird Brief

This entry was posted in Author: Matthew L.M. Fletcher, Indian gaming, Research, sovereign immunity and tagged , , , , . Bookmark the permalink.

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