Not Out of the (Fox)Woods Yet: Indian Gaming and the Bankruptcy Code

Abstract:     
Does tribunal sovereignty trump federal bankruptcy law? This is the basic question we explore in this article. We will argue that where a tribal corporate entity voluntarily enters into a business contract with non-tribal investors, it must be made subject not only to the relevant rules and regulations, but also to the terms of the agreements it undertakes. Being commercially participatory entails being commercially responsible. It means paying liabilities where and as they become due in accordance with law and the principles of equity.

Number of Pages in PDF File: 24

Keywords: tribal, native, Indian, indigenous, aboriginal, gaming, gambling, bankruptcy, sovereignty

Accepted Paper Series