Addressing a question of first impression, a divided panel of the U.S. Court of Appeals for the First Circuit has ruled that the U.S. Bankruptcy Code strips Native American tribes of their sovereign immunity.

According to the May 6 majority opinion, the underlying case involves a small payday loan taken by Brian W. Coughlin. He borrowed $1,100 against his paycheck from Lendgreen, a wholly owned subsidiary of the Lac Du Flambeau Band of Lake Superior Chippewa Indians. As a subsidiary, Lendgreen shares in any immunity the Band is afforded, according to the opinion.

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]