one of the suspects it intended it intended to exempt indian tribes has distinct from all other types of governmental units from the operation of subsection one sex such an interpretation would apply in the face of fundamental principles of a bankruptcy law an underlying principle of bankruptcy law is to treat all similarly situated creditors equally if you have some types of government units th allowed to seize debtors property and others who are not then you've got them then you're not creating are also really situated in your creditors equally in the bankruptcy code it's clear the congress intended to give the bankruptcy court jurisdiction over all assets of the bankrupt estate candy if the government unit has seized property belonging to the debtor prior to the filing of bankruptcy under section five forty two of the code the bankruptcy trustee and chapter seven case or a debtor in possession in chapter eleven case has the right to come in and make that the government unit sovereign immunity is is is waived are all government units that is explicit i mean i suppose congress could have said so opportunity is waived for all for all government units including i think they are included within the definition of and the definition section of the code when congress talks about in the definition section it talks about other foreign or domestic government that statement  broad enough to include any and try and i think you have to focus on what is congress intent in doing this i mean if we're wrong then then then every government other than an indian tribe unless the nation can show that somehow it is outside that rule then it's within the that so the the the definition of other foreign or domestic government we submit is this efficient to do include indian tribes congress intended to abrogate the sovereign immunity of all governments four i think its purpose was clear that is we don't want government seizing debtors property and frustrating the purposes of bankruptcy law and again there's nothing to stink about an indian government as opposed to any other kind of government which would offer briefly the navajo nation imposed the fuel excise tax like many other states of eighteen cents a gallon taxes and revenues from oil and gas production and hold production account probably more than ninety percent of the general fund revenues and have all governments that are really an important funding source to fund a central governmental services we agree with crystal that congress does have the authority to abrogate the sovereign immunity of an indian tribe but question next question relationship with indian tribes and i think it's important to point out here that indian tribes existed before the constitution of the united states and north america and the congress has a special relationship under the constitution where they regulate commerce with indian tribes because the tribe somebody unity is a vital part of the tribal government sovereignty and in their ability to self govern protect the tribal governments right to determine how conflicts may be may which may inevitably arise will be resolved and this would include the power to determine immunity from suit as i mentioned the tribal government has a trust obligation to protect and nurture tribal sovereignty to be removed in the bankruptcy court it would make it very easy for any company or any person who wanted to sue an indian tribe to file chapter eleven protection for bankruptcy and within a day or to file an adversary complaint against a crime and force the tribe into bankruptcy court to defend in a lot of things whether they're legitimate for to go into bankruptcy court and the firm then the case even though it may be a frivolous complaint and and that requires resources and there are some tribes that are not involved in gaming them the nation they were not a domestic government in the terms of we're not part of a state government and and i think like a domestic nation within a nation  and then in the safe drinking water act where they also utilized the term person included minister polities and they included indian tribes and the definition of minister polities so that congress knows how when they want to include in tribes and waving over an immunity here the bankruptcy code is just totally not specifically mention indian tribes and you know i think maybe before which would do that and in fact shortly after the cairo decision came down senator gorton out of washington did introduce a bill which would have limited tribe sovereign immunity with respect to certain actions so whenever that happens i think a number of tribes will show up and testify before senate committees and congressional committees on the importance of  sovereign immunity  if there was an impression that the bankruptcy code was going to waive sovereign immunity there would be significant testimony received from tribes on that issue to the best of my knowledge tried never showed up to testify regarding the bankruptcy code changes in the ninety's they were not there because i don't think anybody understood that there were issue was on the table navajo nation has not filed any proof of claims and has not actively participated in the bankruptcy and does not want to be brought into the bankruptcy supreme court cases the code makes makes no specific mention of indian tribes unlike states and foreign governments indian tribes are not specifically included in section one hundred twenty seven  specifically say this is what we're doing because you're basically putting the very survival of the units right at rest and to imply that   one six of those cases simply don't apply i was going to ask the court if it had me if it was disturbed at all or concerned that the green case may be controlling if it is of section one of the sex and it really wasn't decided on grounds of separate indian sovereignty versus other government sovereignty green was a decision where the court felt it was bound by decisions of the supreme court in clearly doesn't apply and you aren't i'm going back to the same concluding argument that is congress intended to waive sovereign immunity for every government under the sun there's nothing that would indicate and a different