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IN RE RUSSELL

Bankruptcy No. 02-06628-PHX-RJH. Adversary No. 02-01215.

293 B.R. 34 (2003)

In re Darrell Duane RUSSELL, Debtor. Darrell Duane Russell, Plaintiff, v. Fort McDowell Yavapai Nation, Defendant.

United States Bankruptcy Court, D. Arizona.

May 15, 2003.

Attorney(s) appearing for the Case

Ronald Rosier, Fountain Hills, AZ, for Fort McDowell Yavapai Nation.

Gary L. Thomas, Phoenix, AZ, for Darrell Duane Russell.

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...

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