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IN RE MAYES

BAP No. EO-02-067. Bankruptcy No. 02-70643.

294 B.R. 145 (2003)

In re Robin Carter MAYES, also known as Robin C. Mayes, Debtor. Robin Carter Mayes, Appellant, v. Cherokee Nation, Appellee. Eastern Shoshone Tribe of the Wind River Reservation, Amicus Curiae.

United States Bankruptcy Appellate Panel of the Tenth Circuit.

June 11, 2003.

Attorney(s) appearing for the Case

Submitted on the briefs:*

Terry D. Bigby, Tahlequah, Oklahoma, for Appellant.

Julian K. Fite and Richard D. Osburn, Tahlequah, Oklahoma, for Appellee.

Jerome L. Levine, Maita Deal Prout, and James K. Kawahara of Holland and Knight LLP, Los Angeles, California, filed an amicus curiae brief for Eastern Shoshone Tribe of the Wind River Reservation.

Before McFEELEY, Chief Judge, BOULDEN, and NUGENT, Bankruptcy Judges.

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 the 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...

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