U.S. Court of Appeals for the Sixth Circuit
Buchwald Capital Advisors, LLC v. Sault Ste. Marie Tribe of Chippewa Indians (In Re Greektown Holdings, LLC)
Panel
The judges who heard this appeal.
- Judge Clay, Zouhary — not matched to a Benchlight profile
Case history
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Feb. 26, 2019decided Decision issued in Buchwald Capital Advisors, LLC v. Sault Ste. Marie Tribe of Chippewa Indians (In Re Greektown Holdings, LLC)
Opinions and writings
RECOMMENDED FOR FULL-TEXT PUBLICATION Pursuant to Sixth Circuit I.O.P. 32.1(b) File Name: 19a0028p.06 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT IN RE: GREEKTOWN HOLDINGS, LLC, ┐ Debtor. │ __________________________________…
CLAY, Circuit Judge. Plaintiff Buchwald Capital Advisors, LLC, in its capacity as litigation trustee for the Greektown Litigation Trust, appeals the district court's January 23, 2018 order affirming the bankruptcy court's dismissal of Plaintiff's complaint on the basis of tribal sovereign immunity. Plaintiff's complaint seeks avoidance and recovery of allegedly fraudulent transfers made to Defendants Sault Ste. Marie…
ZOUHARY, District Judge, dissenting. What we are looking for in the Bankruptcy Code is an "unequivocal expression of ... legislative intent" to abrogate tribal sovereign immunity. Santa Clara Pueblo v. Martinez , 436 U.S. 49, 59,…