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IN RE APPLICATION OF COUNTY COLLECTOR FOR DELINQUENT TAXES

No. 4-95-1013.

683 N.E.2d 995 (1997)

291 Ill. App.3d 588

225 Ill.Dec. 492

In re APPLICATION OF THE COUNTY COLLECTOR FOR DELINQUENT TAXES (Petition of Dennis D. Ballinger, Petitioner-Appellant, v. Hickory Point Bank & Trust, et al., Respondents-Appellees).

Appellate Court of Illinois, Fourth District.

Decided August 14, 1997.

Attorney(s) appearing for the Case

John Barr (argued), Barr & Barr, Decatur, for Dennis D. Ballinger.

Michelle K. Robinson (argued), Kehart, Shafter, Hughes & Hughes, P.C., Decatur, for Hickory Point Bank & Trust.

Lawrence R. Fichter, State's Atty., Decatur, Norbert J. Goetten, Director, State's Attys. Appellate Prosecutor, Springfield, John X. Breslin, Deputy Director, State's Attys. Appellate Prosecutor, Ottawa, Terry A. Mertel (argued), Staff Atty., States's Attys. Appellate Prosecutor, Ottawa, for Cathy L. Ashby.

Justice KNECHT delivered the opinion of the court:

Respondents, Hickory Point Bank and Trust (Hickory Point), Vernon Houchen, bankruptcy trustee, and Cathy L. Ashby, Macon County tax collector, filed motions to set aside a tax sale and requested a sale in error under section 21-310 of the Property Tax Code. 35 ILCS 200/21-310 (West 1994). They argued the owners of the home involved in the tax sale were in bankruptcy at the time of the sale and an automatic stay was...

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