Little Texas, Inc. v. Buchen

State: Illinois

Court: 3rd District Appellate

Docket No: 3-00-0392 Rel

Case Date: 03/14/2001

March 14, 2001

No. 3--00--0392

IN THE APPELLATE COURT OF ILLINOIS

THIRD DISTRICT

A.D., 2001

LITTLE TEXAS, INC.,
Plaintiff-Appellee,

DENIS BUCHEN,
Defendant-Appellant.

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Appeal from the Circuit Court
for the 14th Judicial Circuit,
Henry County, Illinois

No. 95--L--33

Honorable
Alan G. Blackwood
Judge, Presiding

MODIFIED ON DENIAL OF REHEARING
JUSTICE BRESLIN delivered the opinion of the court:

Plaintiff Little Texas, Inc. filed this action againstdefendant Denis Buchen to recover proceeds due under a cattle-raising agreement.A default judgment was entered against Buchen for failure to answer thecomplaint. Buchen ultimately filed a petition to vacate the default judgmentwhich the court denied, and this appeal followed. We vacate the default orderand hold that an action commenced after the filing of a bankruptcy petition inviolation of the automatic stay imposed by the federal Bankruptcy Code (11 U.S.C.