In Re Audubon Quartet, Inc.
United States Bankruptcy Court, W.D. Virginia
1Opinion of the Court
DECISION and ORDER
ROSS W. KRUMM, Chief Judge.
Before the court is a motion to dismiss the Chapter 7 petition of the above-styled corporate debtor. A creditor and former director argues that the post-petition ratification of the corporation’s bankruptcy filing by the board of directors was invalid since the notice for the special meeting, at which the board voted in favor of ratification, was not sent by a proper officer, as required by the corporation’s by-laws.
I. BACKGROUND
In 1979, the Audubon Quartet, Inc. (hereinafter “Quartet”) was incorporated as a Section 501(c)(3) non-profit entity…
2Cases cited12 opinions
- Bank of Marin v. EnglandSupreme Court of the United States · 1966
- Price v. GurneySupreme Court of the United States · 1945
- Holcombe v. Trenton White City Co.New Jersey Court of Chancery · 1912
- Bankr. L. Rep. P 77,295 Harry G. Hager v. Ruth A. Gibson, Trustee for Preference, Ltd.Court of Appeals for the Fourth Circuit · 1997
- Matter of Giggles Restaurant, Inc.United States Bankruptcy Court, D. New Jersey · 1989
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