Legal Opinion

Orfa Corp. of America v. Cappello (In Re Orfa Corp. of America)

United States Bankruptcy Court, E.D. Pennsylvania

Decided July 20, 1990No. 19-11630PublishedCited by 7 opinions

1Opinion of the Court

OPINION

DAVID A. SCHOLL, Bankruptcy Judge.

A. INTRODUCTION

Before us is a motion asking us to reconsider our Order of April 3, 1990, which denied a motion to dismiss this bankruptcy case premised on the theory that the corporate resolution of the Debtor authorizing the filing was promulgated by an improperly-constituted Board of Directors of the Debtor corporation at a meeting at which no quorum of even the improperly-constituted Board was present.

We affirm our holding that the Board which authorized the filing was indeed the properly-constituted Board of Directors of the Debtor. The issue of…

2Cases cited28 opinions

  1. Zenith Radio Corp. v. Hazeltine Research, Inc.Supreme Court of the United States · 1971
  2. Meral Smith v. Melvin H. EvansCourt of Appeals for the Third Circuit · 1988
  3. Manville Corp. v. Equity Security Holders Committee (In re Johns-Manville Corp.)Court of Appeals for the Second Circuit · 1986
  4. Michelson v. DuncanSupreme Court of Delaware · 1979
  5. Gurvan B. Brown v. Pennsylvania Railroad CompanyCourt of Appeals for the Third Circuit · 1960

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3Cited by7 opinions

  1. Bruce Energy Centre Ltd. v. Orfa Corp. of America (In Re Orfa Corp. of Philadelphia)United States Bankruptcy Court, E.D. Pennsylvania · 1991
  2. In Re Orfa Corp. of PhiladelphiaDistrict Court, E.D. Pennsylvania · 1994
  3. In Re Orfa Corp. of PhiladelphiaUnited States Bankruptcy Court, E.D. Pennsylvania · 1993
  4. In Re Orfa Corp. of PhiladelphiaUnited States Bankruptcy Court, E.D. Pennsylvania · 1990
  5. In re Crest by the Sea, LLCUnited States Bankruptcy Court, D. New Jersey · 2014

2 more not listed; retrieve them via the Exa API.

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