IN RE COUGHLIN

No. 21-1153.

33 F.4th 600 (2022)

IN RE: Brian W. COUGHLIN, Debtor. Brian W. Coughlin, Appellant, v. Lac du Flambeau Band of Lake Superior Chippewa Indians; L.D.F. Business Development Corp.; L.D.F. Holdings, LLC; Niiwin, LLC, d/b/a Lendgreen, Appellees.

United States Court of Appeals, First Circuit.

May 6, 2022.


Attorney(s) appearing for the Case

Gregory G. Rapawy , with whom Terrie L. Harman , Richard N. Gottlieb , Michael D. Cameron , Kellogg, Hansen, Todd, Figel & Frederick, P.L.L.C., Alfano Law Office, PLLC, and the Law Offices of Richard N. Gottlieb were on brief, for appellant.

Andrew Adams, III , with whom Peter J. Rademacher , Zachary R.G. Fairlie , Andrew W. Lester , Adrienne K. Walker , Hogen Adams PLLC, Spencer Fane LLP, and Locke Lord LLP were on brief, for appellees.

Seth Davis , Kaighn Smith, Jr. , Amy K. Olfene , and Drummond Woodsum on brief for amici curiae professors of federal Indian law in support of appellees.

Patrick O. Daugherty , Laura E. Jones , and Van Ness Feldman LLP on brief for amicus curiae Native American Financial Services Ass'n in support of appellees.

Before Barron, Chief Judge, Lynch, Circuit Judge, and Burroughs, District Judge.


This case presents an important question of first impression in our circuit: whether the Bankruptcy Code abrogates tribal sovereign immunity. Two of our sister circuits have already considered the question and reached opposite conclusions. Compare Krystal Energy Co. v. Navajo Nation

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