Legal Opinion
Russell v. Fort McDowell Yavapai Nation (In Re Russell)
United States Bankruptcy Court, D. Arizona
Decided May 15, 2003No. Bankruptcy No. 02-06628-PHX-RJH. Adversary No. 02-01215PublishedCited by 8 opinions
1Opinion of the Court
OPINION DENYING NATION’S MOTION TO DISMISS
RANDOLPH J. HAINES, Bankruptcy Judge.
Debtor Darrell Russell received his chapter 7 discharge and then filed an adversary proceeding against Defendant Fort McDowell Yavapai Nation (the “Nation”) to enforce the discharge. His complaint seeks to preclude the Nation from collecting his debt to the Nation by withholding his monthly entitlement to gaming revenues. The Nation moved to dismiss on the ground of tribal sovereign immunity, and that motion has been briefed, argued and taken under advisement. For the reasons set forth below, the Court denies the…
2Cases cited34 opinions
- Ex Parte YoungSupreme Court of the United States · 1908
- United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
- United States v. TestanSupreme Court of the United States · 1976
- Atascadero State Hospital v. ScanlonSupreme Court of the United States · 1985
- United States v. Nordic Village, Inc.Supreme Court of the United States · 1992
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3Cited by8 opinions
- Krystal Energy Company v. Navajo NationCourt of Appeals for the Ninth Circuit · 2004
- Buchwald Capital Advisors, LLC v. Papas (In re Greektown Holdings, LLC)District Court, E.D. Michigan · 2015
- Buchwald Capital Advisors, LLC v. Sault Ste. Marie Tribe of Chippewa Indians (In Re Greektown Holdings, LLC)Court of Appeals for the Sixth Circuit · 2019
- In Re Platinum Oil Properties, LLCUnited States Bankruptcy Court, D. New Mexico · 2011
- Buchwald Capital Advisors, LLC v. Papas (In re Greektown Holdings, LLC)United States Bankruptcy Court, E.D. Michigan · 2014
3 more not listed; retrieve them via the Exa API.