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IN RE 229 MAIN STREET LTD. PARTNERSHIP

No. 00-2236.

262 F.3d 1 (2001)

IN RE 229 MAIN STREET LIMITED PARTNERSHIP, Debtor. 229 Main Street Limited Partnership, Appellant, v. Massachusetts Department of Environmental Protection et al., Appellees.

United States Court of Appeals, First Circuit.

Decided August 22, 2001.

Attorney(s) appearing for the Case

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

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

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

SELYA, Circuit Judge.

Like the contaminated property that gave rise to it, the case before us demands careful handling. The pivotal question, heretofore untouched by any appellate court, is whether the automatic stay provision of the Bankruptcy Code, 11 U.S.C. § 362(a), prevents a state from simultaneously creating and perfecting an environmental superlien on a debtor's property after the institution of a bankruptcy proceeding. Both the bankruptcy court and the...

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