Townsend v. Magic Graphics, Inc.

Defendant, Magic Graphics, Inc., appeals the denial of its motion to vacate a default judgment entered in favor of plaintiff, David Townsend. On appeal, defendant argues the notice of the hearing on the plaintiff’s motion for default judgment violated circuit court rules, and the default judgment should have been vacated as a nullity because it was entered subsequent to the filing of defendant’s petition in bankruptcy. We agree with the defendant’s second claim and, therefore, reverse.

Plaintiff was employed by defendant from September 1985 to August 1986 as a salesman. On September 9, 1986,…