25 U.S.C. § 410
Moneys from lease or sale of trust lands not liable for certain debts
No money accruing from any lease or sale of lands held in trust by the United States for any Indian shall become liable for the payment of any debt of, or claim against, such Indian contracted or arising during such trust period, or, in case of a minor, during his minority, except with the approval and consent of the Secretary of the Interior.
Notes of Decisions
Cited in 20
cases (3 in the last 5 years), 1960–2026 · leading case: First-Citizens Bank & Trust Co. v. Harrison, 326 P.3d 808 (Wash. Ct. App. 2014).
First-Citizens Bank & Trust Co. v. Harrison, 326 P.3d 808 (Wash. Ct. App. 2014). “¶1 25 U.S.C. § 410 provides that money accruing from any lease of Indian land the United States holds in trust for a Native American is not liable for the payment of any debt or claim against that Native American.”
In Re Hutchinson, 354 B.R. 523 (Bankr. D. Kan. 2006). “On August 28, 2006, Debtors filed a second Amended Schedule C, which added 25 U.S.C. § 410 as an additional basis for claiming the per capita distributions as exempt.”
Law Offices of Vincent Vitale, P.C. v. Tabbytite, 942 P.2d 1141 (Alaska 1997). “INTRODUCTION Federal statute 25 U.S.C. § 410 (1994) insulates from the reach of creditors proceeds from the sale or lease of Indian allotment lands.”
Paul A. Wright, on Behalf of All Similarly Situated Persons v. Chase Riveland, 219 F.3d 905 (9th Cir. 2000). “§ 1983 , and certain funds distributed to Native Americans under 25 U.S.C. §§ 410 , 1401-07, 1176 and 43 U.”
Kennerly v. United States, 534 F. Supp. 269 (D. Mont. 1982). “In so doing, the IBIA cited 25 U.S.C. § 410 17 and noted that “[t]he practice of allowing the encumbrance or assignment of trust assets under certain conditions controlled by Departmental regulations has been approved and is of long standing.”
Kennerly v. United States, 721 F.2d 1252 (9th Cir. 1983). “25 U.S.C. § 410 (1976). Although the loans apparently were not repaid, the Tribe took no action to enforce any rights under the assignment provisions until 1977, when the Tribal Credit Committee sent Kennerly a letter stating the amount still owed on the loans and informing him…”
Wapato Heritage LLC v. Sandra Evans, 430 F. App'x 557 (9th Cir. 2011). “§ 410 means that yet another BIA approval beyond that obtained to settle the underlying probate litigation is required before Evans can assign payments from her IIM account to Wapato Heritage in fulfillment of her obligations under the Settlement Agreement.”
Givens (D. Alaska 2026). “”83 DISCUSSION In their cross motions for summary judgment, the parties dispute the enforceability of the Fee Agreement under 25 U.S.C. § 410 , which provides: No money accruing from any lease or sale of lands held in trust by the United States for any Indian shall become liable…”
Morongo Band of Mission Indians v. California State Bd. of Equalization, 858 F.2d 1376 (9th Cir. 1988). “Miller subsequently demanded that the Band pay him the rent in question, contending that the rent was exempt from the Board’s levy under 25 U.S.C. § 410 4 and the doctrine of federal preemption of the field of leases of Indian trust land.”
Boatmen's First Nat. Bank of Kansas City v. McCoy, 861 F. Supp. 846 (W.D. Mo. 1994). “Miller claimed that the rent was exempt from the levy pursuant to 25 U.S.C. § 410 and counterclaimed that the Morongo Band violated the Indian Civil Rights Act, 25 U.”
First Citizens Bank & Trust Co., Resp/cross-app V Robert Randall Harrison, App/cross-resp (Wash. Ct. App. 2014). “First -Citizens cross -appealed on the trial court' s ruling that Native American Tiffany Harrison' s personal bank accounts containing proceeds from the lease of her Indian trust land were exempt under 25 U.S. C. § 410 from garnishment to collect First - Citizens' judgment…”
Morongo Band of Mission Indians v. California State Bd. of Equalization, 849 F.2d 1197 (9th Cir. 1988). “Miller subsequently demanded that the Band pay him the rent in question, contending that the rent was exempt from the Board’s levy under 25 U.S.C. § 410 3 and the doctrine of federal preemption of the field of leases of Indian trust land.”
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