Hood v. Hall

State: Illinois

Court: 5th District Appellate

Docket No: 5-99-0733 Rel

Case Date: 04/17/2001

NOTICE
Decision filed 04/17/01. The text of this decision may be changed or corrected prior to the filing of a Petition for Rehearing or the disposition of the same.

NO. 5-99-0733

IN THE

APPELLATE COURT OF ILLINOIS

FIFTH DISTRICT

HERMAN HOOD, d/b/a
G & H INVESTMENTS,

Petitioner-Appellee,
v.

RICHARD HALL,

Respondent-Appellant,
and

FIRST NATIONAL BANK & TRUST
COMPANY, CHARTER BANK, and
MAGNA BANK,

Respondents.

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Appeal from the
Circuit Court of
Jackson County.

No. 98-TX-16

Honorable
Thomas H. Jones,
Judge, presiding.

JUSTICE WELCH delivered the opinion of the court:

This appeal is from an order of the circuit court of Jackson County, entered October6, 1999, denying the motion of Richard Hall (appellant), filed pursuant to section 2-1401 ofthe Civil Practice Law (735 ILCS 5/2-1401 (West 1998)), to vacate a tax deed issued toHerman Hood, doing business as G & H Investments (appellee). Appellant argues that theissuance of the tax deed was stayed by virtue of appellant's bankruptcy proceedings and thatthe tax deed is void ab initio because it was issued in violation of the automatic stay of theBankruptcy Code (11 U.S.C.