Legal Opinion
229 Main Street Ltd. Partnership v. Massachusetts Department of Environmental Protection (In Re 229 Main Street Ltd. Partnership)
Court of Appeals for the First Circuit
Decided August 22, 2001No. 00-2236PublishedCited by 79 opinions
1Opinion of the Court
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 district court answered this surpass-ingly close question in the negative, holding that the environmental superlien evades the grasp…
2Cases cited34 opinions
- Butner v. United StatesSupreme Court of the United States · 1979
- Freytag v. CommissionerSupreme Court of the United States · 1991
- Midlantic National Bank v. New Jersey Department of Environmental ProtectionSupreme Court of the United States · 1986
- Ohio v. KovacsSupreme Court of the United States · 1985
- Jay A. Pritzker v. Bob YariCourt of Appeals for the First Circuit · 1994
29 more not listed; retrieve them via the Exa API.
3Cited by79 opinions
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- Dudley v. Hannaford Bros.Court of Appeals for the First Circuit · 2003
- Soto-Rios v. Banco Popular De Puerto RicoCourt of Appeals for the First Circuit · 2011
- United States v. SolerCourt of Appeals for the First Circuit · 2002
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