Last week, the Supreme Court held in an 8-1 decision that the Bankruptcy Code “unequivocally abrogates the sovereign immunity” of federally recognized Indian tribes, including immunity to the automatic stay under § 362.

I was intrigued when I first heard about the pending Lac du Flambeau Band of Lake Superior Chippewa Indians v. Coughlin case at the ABI Spring Meeting back in April and probably overhyped it with my colleagues when I returned. As it turns out, the decision, like so many bankruptcy decisions from the Supreme Court, is a rather routine statutory analysis case, no matter how much Justice Gorsuch tries to make it more than that in his dissent.

Here’s a concise, if perfunctory, summary.Continue Reading Supreme Court Holds That Indian Tribes are Subject to the Automatic Stay in Bankruptcy