Bank of America v. Ebro Foods

(Court opinion corrected 4/28/11.) Bank sued to enforce a defaulted loan and various guaranty agreements. Court improperly dismissed complaint on basis that Bank's successor's certificate of authority had been revoked, and thus Bank could not pursue civil action in Illinois. Defendants bear the burden of proof that Bank was transacting business in Illinois without a certificate in violation of Illinois Business Corporation Act, and burden cannot be satisfied by showing that Bank is a foreign corporation without a valid certificate of authority. Defendants must also allege facts showing that Bank was not engaged in conducting interstate commerce. (KARNEXIS and CONNORS, concurring.)