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United States First Circuit


229 MAIN ST. LTD. P'SHIP v. MASSACHUSETTS DEP'T OF ENVTL. PROT., 00-2236

The automatic stay provision of the Bankruptcy Code, 11 USC 362(a), does not prevent a state from simultaneously creating and perfecting an environmental superlien on a debtor's property after the institution of a bankruptcy proceeding.

Appellate Information

  • Decided 08/22/2001
  • Published 08/22/2001

Judges

  • SELYA, Circuit Judge., Before SELYA, Circuit Judge, CYR, Senior Circuit Judge, and LIPEZ, Circuit Judge.

Court

  • United States First Circuit

Counsel

  • For Appellant:
  • Catherine J. Savoie, with whom Rosanna Sattler, Susan S. Riedel, and Posternak, Blankstein & Lund, L.L.P. were on brief, for appellant.

  • For Appellees:
  • Dana M. Gershengorn, Assistant Attorney General, with whom Thomas F. Reilly, Attorney General, was on brief, for appellees.
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