On June 15, the Supreme Court rendered its decision in Lac Du Flambeau Band of Lake Superior Chippewa Indians v. Coughlin — a dispute between a borrower and a Native American tribe involving a violation of the automatic stay in a chapter 13 in which the Tribe continued collection efforts for an $1,100 debt. An initial analysis of the decision appeared in Rochelle’s Daily Wire, by ABI Editor-at-Large Bill Rochelle, and the decision will also be the subject of an article in a forthcoming issue of the ABI Journal. Here, Thomas J. Salerno and Anthony P. Cali, both partners at Stinson LLP in Phoenix, offer an exclusive commentary arguing that the decision may have far-reaching ramifications for the treatment of state sovereign immunity in bankruptcy actions.
Full Commentary.
