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United States of America v. Christopher C. Buchman

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ARGUED APRIL 5, 2011

Before EASTERBROOK, Chief Judge, BAUER, Circuit Judge, and YOUNG, District Judge.*fn1

Christopher Buchman de-faulted on debts to the Department of Agriculture’s Farm Service Agency. After the United States filed suit to foreclose the mortgages on land that secured his notes, Buchman negotiated with lawyers representing the United States. When agreement could not be reached and time came for a formal answer to the complaint, Buchman offered none. A default judgment was entered in April 2009, ten months after the suit began. The day before the property was to be sold at auction, Buchman filed a petition in bankruptcy. That bought him more time-but his lack of a plan to pay these secured debts led the bankruptcy judge to lift the automatic stay and allow the sale to proceed. At a public auction in April 2010, the three parcels fetched a total of $322,000, not enough to repay all of Buchman’s debts. (A bank also had loaned money on the security of these parcels. The bank has been repaid and need not be mentioned again.)

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