O’Brien ruled that future monthly per capita casino revenue payments belonging tomembers of the Lower Sioux Indian Community, a federally recognized Indian tribe in Minnesota, cannot be taken by a chapter 7 trustee when a tribe member files for personal bankruptcy., No. In this case, each bankruptcy debtor was a qualified member of the Lower Sioux tribe.
Such ordinances must also be approved by the Secretary.
Each tribe must also adopt an ordinance regulating per capita payments to tribe members.
Such a compact must be approved by the Secretary of the Interior.
Under the Indian Gaming Regulatory Act, a tribe engaging in Indian casino gambling must negotiate a compact with its state.
The court ruled that under tribal law, the members’ right to receive futurecasino revenue allocation payments was not a property right recognized by the bankruptcy law’ssection 541(a).
Each member’s right to casino revenue allocation payments was contingent on the Lower Sioux tribe’s decision to make a distribution of net profits to its members.
The Lower Sioux tribe’s revenue allocation ordinance was amended on October 27, 2009, and approved by the Secretary of the Interior.
The ordinance contained a new section entitled “Anti-alienation/Spendthrift Provisions,” which stated: …
The per capita payments are periodic payments, not a property right….
Additionally, no benefit, right or interest of any Community Member under this Ordinance …
Shall be subject to anticipation, alienation, sale, transfer, assignment pledge,encumbrance or charge, seizure, attachment or other legal, equitable or other process….