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MAKOROFF v. CITY OF LOCKPORT, N.Y.

Nos. 90-3158, 90-3159.

916 F.2d 890 (1990)

Stanley G. MAKOROFF, Trustee for Guterl Special Steel Corporation v. The CITY OF LOCKPORT, NEW YORK, The School District of Lockport, New York and County of Niagara, New York. Appeal of COUNTY OF NIAGARA, NEW YORK.

United States Court of Appeals, Third Circuit.

Decided October 19, 1990.

Attorney(s) appearing for the Case

David R. Wendt (argued), John F. Batt (argued), Allen D. Miskell and Thomas H. Brandt, City of Lockport Corp. Counsel, Lockport, N.Y., for appellant.

James K. White (argued), Charles A. Moster, Gene V. Del Tredici, U.S. Dept. of Commerce, Office of Gen. Counsel, Washington, D.C., for appellee.

Before STAPLETON, COWEN and WEIS, Circuit Judges.

OPINION OF THE COURT

COWEN, Circuit Judge.

This bankruptcy appeal raises the question whether the creation of post-petition liens for unpaid city and county real property taxes on a bankrupt estate violates the automatic stay provision of 11 U.S.C. § 362(a)(4) (1979). The district court held it does because the automatic stay prohibits the creation of a lien after the bankruptcy petition, and there was no exception which took this case outside the application...

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