Legal Opinion
Mayes v. Cherokee Nation (In Re Mayes)
Bankruptcy Appellate Panel of the Tenth Circuit
Decided June 11, 2003No. BAP No. EO-02-067. Bankruptcy No. 02-70643PublishedCited by 21 opinions
1Opinion of the Court
OPINION
NUGENT, Bankruptcy Judge.
This appeal presents a question of tribal sovereign immunity to certain proceedings in bankruptcy. The debtor Robin Carter Mayes (“Appellant”) appeals from the bankruptcy court’s Order denying his Motion to Avoid Judicial Lien and granting 1¿he Cherokee Nation’s (“Appellee”) Motion to Dismiss Debtor’s Motion to Avoid Judicial Lien on the ground that Appellee was immune from suit. The issue presented is whether a motion to avoid an Indian nation’s judicial lien pursuant to 11 U.S.C. *147§ 522(f)(1)(A)1 constitutes a “suit,” and is thereby subject to the common law…
2Cases cited39 opinions
- Pennhurst State School and Hospital v. HaldermanSupreme Court of the United States · 1984
- Seminole Tribe of Florida v. FloridaSupreme Court of the United States · 1996
- Quackenbush v. Allstate InsuranceSupreme Court of the United States · 1996
- 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 by21 opinions
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- ALLTEL COMMUNICATIONS, LLC v. DeJORDYCourt of Appeals for the Eighth Circuit · 2012
- Bucher v. Dakota Finance Corp. (In re Whitaker)United States Bankruptcy Appellate Panel for the Eighth Circuit · 2012
- Buchwald Capital Advisors, LLC v. Papas (In re Greektown Holdings, LLC)District Court, E.D. Michigan · 2015
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