Lac du Flambeau Band of Lake Superior Chippewa Indians v. Coughlin

Lac du Flambeau Band of Lake Superior Chippewa Indians v. Coughlin, 599 U.S. 382 (2023), was a United States Supreme Court case which determined that Native Americans Tribes are not immune from the automatic stay of the Bankruptcy Code.

[1] Despite the automatic stay of collection efforts imposed by section 362 of the Bankruptcy Code, Lendgreen continued to request repayment of the loan provided.

[4] The Bankruptcy Court would go on to deny Coughlin's stay motion arguing that, given the Tribes were sovereign nations, they were subsequently immune from such a suit.

A 'governmental unit', as understood by Jackson, could therefore not be read to exclude "certain governments … from those provisions’ reach, notwithstanding the fact that they engage in tax and regulatory activities".

[15] Thomas further contended that the development of tribal sovereign immunity was a judicial construct that should be abandoned as it was brought about "almost by accident" and with "little analysis".